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I 

EARLY HISTORY 



OF 



HUNTSVILLE 
ALABAMA 




1804 TO 1870 

I I 



EARLY HISTORY 



OF 



HUNTSVILLE, ALABAMA 

1804 TO 1870 



With the Compliments 

of the Author 



REVISED 1916 



MONTGOMERY, ALA. 

THE BROWN PRINTING CO. 

1916 



EARLY HISTORY 



OF 



HUNTSVILLE. ALABAMA 

1804 TO 1870 



BY 

EDWARD CHAMBERS BETTS 

1909 '' ■ 



REVISED 1916 



MONTGOMERY, ALA. 

THE BROWN PRINTING CO. 

1916 



■Hres 



Copyright. 1916 

BY 

EDWARD CHAMBERS BETTS 



^ 



'CI.A'I4R190 



NOV -I 1916 

"VU) I ^ 



FOREWORD 



In the preparation of this work the author is largely indebted 
to the Department of Archives and History of Alabama, under 
the capable management of Dr. Thomas M. Owen, who con- 
tributed liberally of his time assisting in a search of the files 
and records of this Department. Especially is the author 
indebted for the aid received from the letters of Judge Thomas 
J. Taylor,* dealing with this subject. 

In its inception this work was not intended for, nor is it 
offered as, a literary efifort, but merely as a chronicle of his- 
torical facts and events dealing with Huntsville. In its prepa- 
ration, the author has taken care to record nothing within its 
pages for which his authority as to the source of information 
is not given. It has value only as a documentary record of 
facts and events gleaned chiefly from contemporaneous sources, 
and is as accurate as could be made after verification from all 
material at hand, which was necessarily very meager. 

This work is published with the hope that those who chance 
to read these pages will derive some benefit and as much pleas- 
ure therefrom as did the author in its preparation. 

E. C. B. 



♦Probate Judge of Madison County from 1886 until bis death, 
during his second term, in 1894. 



CONTENTS 



Page 

Foreword 3 

CHAPTER I. 

Huntsville and Surrounding Territory 5 

First Settlers 6 

Life of Early Settlers 7 

CHAPTER II. 

Land Sales in 1809 11 

Laws Extended Over Madison County 14 

Courts 19 

Purchasers at Land Sales of 1809 21 

Establishment and Founding of Twickenham 23 

Name Changed to Huntsville 25 

CHAPTER III. 

People and Events Occupying History's Stage Between 1810 

and 1816 28 

The Period Between 1817 and 1821 32 

Territorial Constitutional Convention 35 

Educational 38 

CHAPTER IV. 

Economic, Political and Social Conditions from 1820 to 1861 45 

Commercial Development 45 

Historic Landmarks 50 

Economic Status of Slavery as an Institution 52 

Transportation — Canal Building — Railroads 61 

Civic and Public Institutions — Histrionic — Militia 73 

Religious and Educational — Churches — Schools — Newspapers 77 

Makers of National, State and Local History 82 

CHAPTER V. 

Civil War and Reconstruction 88 

Disunion Sentiment and Secession 92 

Conditions. During the War and Resulting from Federal Raid in 

1862 95 

Prominent Deserters and Tories 100 

Conditions Toward Close of the War 102 

Freedman's Bureau — Banks 104 

Reconstruction Ill 

Ku-Klux Klan and Cause Therefor 114 



Chapter I. 



HUNTSVILLE AND SURROUNDING TERRITORY 



U" NTIL March 3, 1817, Alabama was a part of the Mis- 
sissippi Territory. Between the years 1795 and 1796 
certain land companies purchased this territory from 
the state of Georgia. The Georgia Legislature granted 
title to these land companies for a comparatively nominal con- 
sideration — the major portion of which the Legislature itself 
received and withheld from the state. 

Madison county was purchased by the Tennessee Land Com- 
pany ; nearly all of North Alabama being included in the grant 
from the Georgia Legislature. 

The people of Georgia, upon being apprised of the grants 
made by the Legislature of 1795-96, rose with righteous indig- 
nation and had the action of that Legislature investigated, 
revealing what was known as the "Great Yazoo Fraud." This 
fraud was denominated the Yazoo fraud, for the reason that 
the Yazoo Land Company was the principal grantee of that 
Legislature. The succeeding Legislature revoked these' grants 
and declared them null and void. Notwithstanding this, these 
land companies continued to sell the lands in the granted terri- 
tory for one dollar an acre. 

The state of Georgia was unable to force these land com- 
panies to relinquish their hold upon the territory, and in order 
to accomplish this end was forced to cede this territory to the 
General Government on April 24t4h, 1802. Wherever title to 
any of these lands had been acquired by private individuals, 
restitution was made by the Government. 

In order that individuals might retain and perfect the title 
to their lands it was necessary for them to file their claims 
with the Government Land Office, at Nashville, Tennessee, 
before January 1, 1815. All parties not having done this were 
forced by United States troops to abandon the land. 

x-Mthough the Mississippi Territory had been ceded to the 
Government in 1802, "Old Madison county" never came into 
possession of the Government till 1807, when it was ceded by 
both Cherokee and Chickasaw Indians. Both these Indian 
tribes claimed it as their hunting ground, but it was never 
inhabited by either. 



Early History of Huntsville, Ala. 



The territory just referred to as "Old Madison county," is 
embraced in the present limits of Madison county, but was not 
quite so extensive. 

Madison county is unique among the other original coun- 
ties of the State, in that it is the only county ever to extend its 
boundaries, all of the other original counties having had to 
contract theirs to make room for the creation of new ones, as 
the growth of the State necessitated. 

FIRST SETTLERS 

As to who was the first white man to settle in Madison 
county is yet a mooted question, but circumstances lead to the 
belief that "Old Man Ditto" was living among the Indians as 
a trader at "Ditto's Landing," ( Cherokee-Old-Fields or 
Whitesburg) some years before Huntsville was located. 

That John Hunt was the first white man to build his hut on 
the banks of the "Big Spring," is historically settled. Hunt's 
cabin was situated on the slope of the blufif overlooking the 
spring, at the point which is now the southwest corner of the 
intersection of Bank street and Oak avenue, on the property 
occupied by the residence of Mr. Frank Murphy. Incidents 
and circumstances attending Hunt's journey to the Big Spring 
confirm the belief that there were white settlers in Madison 
county, north of Huntsville, before the arrival of Hunt. 

Judge Taylor, in his letters dealing with early life in Madi- 
son county, tells us that Joseph and Isaac Criner, accompanied 
by Stephen McBroom, explored the northern part of the county 
in 1804^ and built a hut on the banks of a stream, which is now 
known as Mountain Fork of Flint river. Isaac Criner was 
personally known to Judge Taylor, and in his letters he gives 
us Mr. Criner's narrative of the events of those early days in 
his own words. In substance Mr. Criner says : In the early 
part of 1805- he and Joseph, his brother, came to Mountain 
Fork and built a cabin^ for Joseph's family, then one for him- 
self. Shortly after the erection of these cabins, John Hunt 

1 aud - These dates seem to conflict, and .Tudse Taylor does not 
explain them for us; however, it is very prol)able that the Criners 
with McBroonis exi)h)red the country and then returned to their 
homes for their families and supplies, before eroctins cabins. This 
inference is suppt)rted by the fact that only the Criners were present 
when the houses were erected, and also in the first instance no men- 
tion is made of the presence of their families. 

" Mr. Criner was under the impression that his l)rother Joseph's 
ealiin was the first erected in the county. 



Barly History of Huntsvillc, Ala. 



and a man named Bean came to their cabins and spent the 
night, continuing their journey the next morning. 

Hunt and Bean came from the north of what is now New 
Market, along a trail, which is now the Winchester, Tennessee, 
road. They had heard of the "Big Spring,"* and of the abund- 
ance of big game in its vicinity. In a few weeks Bean returned 
and stated that he was going back to what is now Bean creek, 
near Salem, Tennessee, but that Hunt was going to locate at 
the "Big Spring," and would return and bring his family later. 
Mr. Criner also tells us that in 1805 several families came into 
the county from north of New Market, along the same course 
traversed by Hunt ; among whom were the Walkers, Davises, 
McBrooms and Reeses. 

These early settlers got word back to their former friends 
and neighbors of the unusual fertility of the soil, the beauty 
of the country, and of the wonderful "Big Spring," and in 
1S06, large numbers of home-seekers began to come into the 
county from Middle and East Tennessee, and Georgia. These 
pioneers were of the types usually found on unsettled frontiers, 
"the advance guard of civilization," known as "squatters." 
They were a very thrifty lot, and at the Government land sales 
in 1809 many were able to buy the tracts upon which they had 
"squatted" and made their homes. As a whole they were an 
honest, law-abiding people, modest in their desires and customs, 
living peaceably without law or government for some years. 

Between the years 1805 to 1809 wealthy and cultured slave 
owners came into the county in large numbers from North 
Carolina, Georgia and Virginia. Soon this class outnumbered 
the pioneers ; these later settlers bought large tracts of land at 
the sal6s in 1809. In coming into the county, the settlers from 
North Carolina and Virginia moved along the then western 
boarder of civilized customs and cultivated lands into West 
Georgia and Middle Tennessee, till they reached the Tennessee 
river, which they crossed near the Georgia line. 

LIFE OF EARLY SETTLERS 

The life of these pioneers was very primitive ; they drew 
solely on the resources of the surrounding wilderness for their 
necessities and comforts. Their houses seldom had a piece 

4 The Huntsville Spring was known of the Indians as the "Big 
Spring," and was thus denoniinated hy them. 



Early History of Huntsville, Ala. 



of iron about them. The floors were of dirt, and in rare 
instances this was covered with puncheon. Even the hinges of 
their doors were of wood. The walls of the houses being 
built of logs. 

Instead of fastening the covering upon roofs, with nails, 
lengthy poles were placed across the boards, and weighted 
down at the ends. Owing to the scarcity of adequate tools and 
hardware supplies, the houses were necessarily very small, 
one-room structures. The small huts served to house families, 
which, in many instances, were greatly out of proportion to 
their size, for be it remembered, in those days families were 
large and in this particular settlement legend records that they 
were unusually large. 

As families increased in size, and necessity demanded, rooms 
were added to the family hut — but without increasing its exte- 
rior dimensions — by the simple process of stringing up another 
buckskin curtain, which served to partition off the new room. 
The erstwhile "feather-tick," upon the bed was not one of the 
luxuries of which these early settlers could boast, at all events, 
the entire family could not ; for the younger children were 
bedded upon pallets, and as the family continued to increase 
in numbers, the larger boys slept in the barn loft, and legend 
has it, even under trees and most anyw^here. History in its 
record of customs and usages, which prevailed in those early 
days, suggests the existence of a milder climate then, than now. 
The prevailing table-ware was constructed of hewn wooden 
utensils, though some of the wealthy settlers possessed pewter 
ware. 

For some time these pioneers lived a life of freedom from 
tilling of the soil, subsisting the while in sumptuous compla- 
cency upon the abundant provisions of nature. However, after 
a time they realized the unusual fertility of the soil, and then 
clearing of land was commenced, and corn was planted. 

There being no grist mills at which their corn could be 
ground into meal, resort was had to the age-old custom, in 
primitive quarters, of using a crude mortar and pestle, made 
by hollowing out a hard stump in which they pounded the corn 
into meal. Little or no wheat was planted, and they lived for 
a time without flour ; however, when the population grew, flour 
was shipped in from the trading station at Ditto's Landing 
(Whitcsburg). 

During the first years of the settlement all supplies received 
from the outside world were transported in by pack mules from 
the settlements further north ; later, practically all supplies were 
shipped from these settlements further north, down the Tennes- 



Barly History of HuntsznUc, Ala. 



see river, and put off at Ditto's Landing, about ten miles south 
of the settlement, and from there hauled in by wagons. At 
this landing on the Tennessee an Indian trading station was 
operated by John Ditto, who lived there among the Indians 
of this territory, without white associates for some years before 
the settlers came into the north part of the county.^ 

In due time, the cultivation of cotton was begun, and shortly 
thereafter the cotton spinning wheel came into very general 
use in the settlement. The yarn made therewith superseded in 
some measure buckskin, which was still in very general use as 
a substitute for cloth; the principle article of clothing being 
dressed buckskin. Prior to the arrival of cotton and the cotton 
spinning wheel, buckskin was used almost exclusively as bed- 
spreads, ropes, sewing threads or thongs, as well as for many 
other and varied purposes. For a time, at any rate, the advent 
of the cotton spinning wheel, locally, did not supersede the 
use of buckskin as an article of dress, for cotton cloth remained 
a scarce and seemingly very precious article, as calico cost 
50 cents a yard. As a consequence only a few young ladies of 
the wealthiest families could afford to disport themselves along 
the paths of the settlement clad in a calico dress, colored by 
boiling with different kinds of native barks, and shod with 
buckskin moccasins. Some few of the wealthier inhabitants 
could boast flax spinning wheels, with which clothes, table and 
bed linen were made in limited quantities for home use. 

Things which we have learned to consider as every day 
necessities, such as lamps, were, with these early inhabitants 
only "medical" necessities, being used exclusively in cases of 
sickness. Gun-powder, the chief instrumentality for protec- 
tion and subsistence, was made by the settlers themselves. 

In summing up and taking a survey of the apparent hard- 
ships undergone by the early settlers, who traveled here from 
homes and communities furnishing more of the ease and luxury 
of the times, and far greater security of life; we naturally 
inquire, why did they abandon such homes and communities, 
and why, again, on such abandonment, did they choose this 
particular spot, the then furthermost settlement from civiliza- 
tion, and many miles away from their former friends and 
neighbors? In answer to these queries, we can only surmise. 
But, it is not wondrous strange that these people should have 

5 It is interesting to know that there still lives, near this landing, 
a negro family bearing the name of Ditto, one of whom is named 
John. 



10 Early History of Huntsville, Ala. 

been possessed of the spirit of the times ; that pioneer spirit 
which was so predominant. Having once gotten upon their 
way, it is still less to be wondered at, that they should have 
halted in their journey and builded their huts around the won- 
derful "Big Spring." about which Hunt had spread the news 
when he returned to his home for his family. Truly, this new 
Eden must have offered manv and unprecedented inducements. 
Though surrounded by Indians, they were never molested. 
The climate was healthful and mild ; the surrounding country 
was well supplied with waterways ; the streams abounded with 
red-horse, salmon and trout ; the forest with bronze turkeys, 
flocks of pigeon, and red and gray squirrels ; and quail could 
be bagged by herding and driving them into nets ; deer and 
bear frequented the river bottoms, and wild duck were plenti- 
ful. Truly to them, it must have seemed that nature had pro- 
vided this spot with an unlimited wealth of resources. 

In addition to these, many more inducements offered them- 
selves to the large slave OAvners ; chiefest of which was the 
fertility of the soil, upon which could be produced one thousand 
pounds of cotton to the acre," which was a prime attraction 
during these years, as the price of cotton was from 20 cents to 
25 cents per pound. Perhaps an equally potent consideration 
was, here their slaves were never molested. If they escaped 
their owners, they fell into the hands of the Indian tribes ; if 
the tribe was hostile, they were re-enslaved and treated very 
cruelly; if friendly to the settlers, the fugitive slave was re- 
turned to the master. This was no minor consideration to the 
slave owner, especially those from Virginia, since, for some 
years their slaves had been decoyed away, and were escaping 
with annoying and increasing frequency. Nor had they set- 
tled in a country which offered no means of transportation ; 
for as early, probably, as 1809, cotton, which was then being 
cultivated extensively, was floated on flat boats or barges down 
Paint Rock and Flint river to the Tennessee. On the return 
trip, these boats brought supplies. 

References: — Judge Taylor's History of Madison Coniity: 
Brewer's Alabama: Huntsville Directory, 1859; Northern Ala- 
bama: kindness of many older citizens; newspaper files and 
clippings. 

« The autlior entertains the ojiinion that this was seed cotton, 
thoufjch he has heen unahle to anthenticate his l)elief. However, in 
case seed cotton is correct, snch a yield is not di.sappointin.u;, hut ou 
the contrar.v, excellent, considering the circumstances and primitive 
nature of farming then prevalent. 



Chapter II. 



LAND SALES IN 1809 



NEARLY, if not all the states, composing the United 
States, at that time, had been settled and established 
under the auspices of foreign powers, title to lands in 
them having been acquired by "Grant from the Crown." 
Under this system, the more influential inhabitants procured 
patents to vast areas of land. 

Unlike her sister states, which had preceded her in the Union, 
Alabama was settled and established under the auspices of 
the United States Government, for, as we have seen, the Mis- 
sissippi Territory was ceded to the Government by Georgia on 
April 24, 1808. Almost immediately the beneficial effects of 
being under the direct jurisdiction of the General Government 
were made manifest. Shortly after this land was ceded to the 
Government by Georgia, it became the Mississippi Territory, 
and was accordingly provided with a territorial government. 

It is very probable — as to this, however, the author cannot 
be certain — that Alabama was the first one of the states admit- 
ted to the Union, which was officially surveyed and platted 
by the Government before the lands therein were open for set- 
tlement under governmental administration. Some time during 
the year 1807 the survey of that portion of the Mississippi Ter- 
ritory, which is now the State of Alabama, was commenced, by 
first locating and establishing the Meridian line for the State, 
known as the "Huntsville ?*Ieridian," along which passes, for 
a portion of the way, the present Meridian Pike, leading north 
from Huntsville. This work was done by and under the 
supervision of Thomas Freeman, a surveyer, of Nashville, Ten- 
nessee. The survey was completed, and so reported to the 
Government, in May, 1809, and in August, 1809, lands were of- 
fered for sale. 

By a proclamation of Hon. Robert Williams, Governor of 
the Mississippi Territory, Old Madison county was created and 
established the 13th day of December, 1808, with a population 
of five thousand. This proclamation is in words and figures, 
as follows : 



12 Early History of Himtsville, Ala. 

"Whereas, by the ordinance of the government of this terri- 
tory, it is provided that, for the prevention of crimes and 
injuries, and for the execution of process civil and criminal, 
the governor shall proceed from time to time, as circumstances 
may require, to lay out the parts of the district in which the 
Indian titles shall have been extinguished into counties and 
townships, subject, however, to such alterations as rnay there- 
after be made by the Legislature. 

And, whereas, the Indian titles have been extinguished to a 
tract of country lying and being within this territory, princi- 
pally on the north side of the Tennessee river, commonly called 
the "Great Bend" of the Tennessee, and bounded as follows : 
beginning on the north bank of the Tennessee river on the 
Cherokee boundary, thence northward along said boundary to 
the southern boundary of the state of Tennessee ; thence west 
with said last mentioned boundary till it intersects the Chica- 
saw boundary line ; thence south along said Chickasaw line, 
crossing the Tennessee river twice, to the beginning ; agreeable 
to a survey made under the authority of the United States, 
within which boundaries there are several thousand inhabitants, 
having as yet no laws or officers among them : And it being 
also provided by said ordinance, that the laws shall have force 
in all parts of the district; to the end, therefore, that the in- 
habitants residing in said tract of country may have the benefit 
of law : 

I do in compliance with said ordinance, and for the purposes 
aforesaid, lay out said tract of country, to be called and known 
by the name of "Madison," subject, however, to such altera- 
tions as may hereafter be made by the Legislature. 

Given under my hand and the seal of the territory, at the 
town of Washington, this thirteenth day of December, in the 
year of our Lord, One Thousand Eight Hundred and Eight, 
and in the Thirty-third year of the Independence of the United 
States. 

(L. S.) (Signed) Robert Wiujams. 

By the Governor, 

Thomas H. Williams, Secretary."'. 

Later, in 1818, by an act of the Legislature of the Alabama 
Territory, of February Gth, it was provided "that Madison 
county shall hereafter be bounded on the west by the western 

1 Toulmiu's Digest of Alabama Laws, page 80. Edition 1823. 



Early History of Hitntsville, Ala. ^ 

boundary line of range number two, west of the basis meridian 
of said county, extending from the southern boundary of the 
state of Tennessee to the river of the same name, and said 
county shall be bounded on the south by said river. "^ Later, 
by an act of the Legislature of the State of Alabama, on 
December 13, 1819, the eastern limits of the county were ex- 
tended to include "all that tract of country lying between the 
present Madison county line and Flint river."^ 

The foregoing constitute all of the changes made in the ter- 
ritorial limits of the county during the early days. It is very 
interesting to know, that what is now the eastern part of 
Madison, — all that tract of country lying east of Flint river, 
and a part of what is now western Jackson county, — consti- 
tuted the county of "Decatur," created by an act of the Legis- 
lature of the State of Alabama, on December 17th, 1821.* 

To the casual reader of these pages, no doubt, it will be al- 
most incredible .that five thousand settlers had journeyed to 
this frontier community within four years from the arrival of 
the first pioneer. Yet, after a laborious and painstaking exami- 
nation and search for authentic information and records, as 
well as a studied consideration of the spirit and events of those 
early years, the author has little doubt of the reasonable accu- 
racy of the reputed population. 

The lands in Madison county were the first surveyed and 
sold in North Alabama. Prior to the sales in 1809 lands in and 
around St. Stephens had been offered for sale by the Govern- 
ment. The Government Registry and Land Office, through 
which all purchases of land in the new territory had to be 
negotiatetd, was situated at Nashville, Tennessee, with Gen. 
John Braham as Register. All traveling in those days was by 
horse-back, and in due season there was a well defined high- 
way from the Tennessee river south of the "Hunt Spring" set- 
tlement to Nashville on the north, along the same course now 
traversed by tourists in passing between the two cities. At 
these sales there were many purchasers who bid in with alacrity 
these rich lands at an average of $2.00 per acre ; very few bids 
were for more than that. If the amount bid was paid cash, 
the Government discounted the purchase price eight per cent. 
Easy terms were also offered ; interest at the rate of six per 

2 Toulmin's Digest of Alabama Laws, page 85. Edition 1823. 

3 Toulmin's Digest of Alabama Laws, pages 93 & 116. Edition 1823. 
* Toulmin's Digest of Alabama Laws, page 98. Edition 1823. 



14 



Barly History of Huntsville, Ala. 



cen per annum being charged on all deferred payments. Only 
farm lands were offered at the sales in 1809 ; the laying out and 
platting of the town site not being completed till 1810. 

LAWS EXTENDED OVER MADISON COUNTY 

The survival of a people as a nation depends wholly upon its 
ability to establish and maintain a stable government of laws — 
as distinguished from a government of men — aided and en- 
forced by a competent system of jurisprudence. And. in like 
manner the future stability of a pioneer settlement depends in 
a large measure upon the regard had for the speedy establish- 
ment of such a government. Any article dealing with the early 
history of a settlement, which did not give heed to these prin- 
ciples would be incomplete and improperly focused. 

So it is that we are interested to learn, that, the Legislative 
Council and House of Representatives of the Mississippi Terri- 
tory, by section one of an act passed February 27, 1809, pro- 
vided, that, "The laws relating to the judiciary and militia of 
this territory be immediately extended to the county of Madi- 
son." Sections two and six further providing, "There shall 
be immediately organized in the county of Madison, circuit and 
county courts, etc." "All the laws of a general nature which 
now exist or may hereafter be passed by the government of this 
territory shall extend to and be binding on the inhabitants of 
the county of Madison."^ 

To meet the changed condition of things, brought about by 
the extension of laws to the settlement, on December 22, 1809, 
the Legislature passed an act, which, let us pause to remember 
was the first statute having, to do with Hunt's Spring settle- 
ment, directly, providing for a commission to fix a plan for and 
establish the public buildings of the county, and to this end, to 
acquire not less than thirty nor more than one hundred acres, 
and lay out a town site thereon ; the town so laid out to be 
known as Twickenham. This act is as follows : 

"Section 1. Be it enacted by the Legislative Council and 
House of Representatives of the Mississippi Territory, in Gen- 
eral Assembly convened, that William Dickson, Edward Ward, 
Louis Winston, Alexander Gilbreath, and Peter Perkins, resid- 
ing in the county of Madison, be appointed commissioners for 
the purpose of fixing on the most convenient place for estab- 
lishing the public buildings in the said county ; and they, or a 

5 Statutes of Mississippi Territory, iiage 177. P^ditiou 181G. 



Early History of Huntsville, Ala. 15 



majority of them, shall have power and authority to procure by 
purchase or otherwise, not less than thirty or more than one 
hundred acres of land, at the most convenient and suitable place 
for the erection of the public buildings aforesaid, which tract 
of land, when obtained by purchase or otherwise, as aforesaid, 
shall be laid out into half acre lots by the commissioners afore- 
said (reserving three acres, upon which the public buildings 
shall be erected), and be sold at public auction on twelve 
months credit; and the money arising therefrom (after paying 
for the land aforesaid, if the same shall be purchased), shall 
be applied by said commissioners toward defraying the ex- 
penses of erecting the public buildings of the said county. 

Section 2. And be it further enacted, that the town so laid 
out shall be called and known by the name of Twickenham ; 
and as soon as the public buildings are fitted for the reception 
of the courts of the said county, the said commissioners shall 
report the same to the county and circuit, or superior courts of 
said county, as the case may be, who shall thereupon adjourn 
their courts respectively to the court house so erected as afore- 
said."*' 

Before the laws were extended over the county, Judge Tay- 
lor, in his article tells us, there had been no organized law 
enforcement, but this settlement was not unlike other pioneer 
settlements of that day and this neighborhood, and had its 
band of men, known as "Captain Slick's Company;" the origin 
of which name, neither Judge Taylor nor the author has been 
able to trace. A chronicle of the times gives it that this com- 
pany was very vigorous in the enforcement of its own laws, and 
at times inflicted punishment calculated to deter the culprit 
from the commission of a second offense, provided, of course, 
he lived through the first punishment. Justice was adminis- 
tered by this company in the following democratic fashion ; 
An undesirable citizen, as thief, and such like, was warned, by 
an order signed "Captain Slick," to leave town in a given 
time. Failing to give heed to the order, the unfortunate one 
was severely thrashed, and in case the order for removal was 
not immediately complied with, he had both ears cropped and 
his cheeks branded. 

Inasmuch as Judge Taylor does not vouch for the verity of 
those incidents of law enforcement brought down to us by this 
legend about Captain Slick, the author feels at liberty to inter- 

6 statutes of Mississippi Territorj^ page 98. Editiou 1816. 



16 Barly History of Huntsville, Ala. 

pret the same in the Hght of certain facts and information to 
which he has access, and, in a measure, to question its entire 
authenticity. 

The punishment prescribed by the statutes of the territory, 
for certain ofifenses, as it seems to us now, was in most cases 
"cruel and unusual" in character, and in some instances wan- 
tonly vicious and inhuman. The statute law of those times 
recognized no distinction between male and female, in the 
character of punishment awarded, nor in the manner of its 
infliction. Men and women, were, alike, punished for the most 
trivial misdemeanors by a fine, and "moreover received thirty- 
nine lashes on his or her bare back, well laid on, at the public 
whipping-post," and were in addition thereto made to stand in 
the public pillory for days. The minimum amount of cor- 
poral punishment inflicted, in any case, seems to have been 
"thirty-nine lashes well laid on his or her bare back." Even 
this did not suffice in some instances for, "if any person do 
feloniously take or steal any horse, mare or gelding, foal or 
filly, ass or mule, the person so oflFending shall restore the 
property so stolen or pay the value thereof, which shall be 
adjudged by the jury trying such offender, to the owner or 
owners thereof, and be fined at the discretion of the jury in a 
sum not exceeding five hundred dollars, and shall moreover 
reecive thirty-nine lashes on his or her bare back, well laid on, 
and be branded on the face, or in the right hand, as the court 
shall think fit, with the letter "T," and be imprisoned for a 
term not exceeding twelve months."' Anyone knowingly pur- 
chasing such stolen property was similarly punished.^ Just 
why the law prescribed thirty-nine lashes instead of forty or 
forty-one and so on, must needs remain unanswered. But, 
may we not pause to inquire, and with some pertinency — is it 
possible that experience had demonstrated that "thirty-nine 
lashes well laid on his or her bare back" was the limit of 
human endurance? 

As we view it from these times, the inequalities in the laws 
of the territory, as regards punishment for different crimes 
of similar nature and equal injury to society, and as regards 
the amount of punishment meted out to whites and negroes, 
for the same offenses, are their most striking and noteworthy 
characteristics, reflecting as it would seem to us, a failure on 
the part of the law makers of that day to comprehend the true 

^ and 8 Statutes of Mississippi Territory, page 214. Edition 1816. 



Early History of Huntsville, Ala. 



17 



purpose back of punishment for crimes. For is it not the very 
essence of philosophy, that celerity and not severity of punish- 
ment deters from crime? The punishment in some instances 
seems to us greatly disproportionate to the injury done society, 
in the commission of the offense. One of these instances is 
found in the statute which prescribes the death penalty for 
the offense of forgery.^ This statute also strikingly illustrates 
the inequality in the punishment awarded for its violation and 
that awarded for the offense of stealing a horse, just quoted 
from above ; both, crimes of kindred nature, equally hurtful to 
society. 

No less remarkable is the dissimilarity in the punishment 
awarded whites and negroes ; for, upon an examination of the 
statutes prescribing punishment for perjury, Vv^e find that in 
tlie case of a white offender he was "fined not exceeding 
$300.00, and stood in the pillory two hours, and had thirty-nine 
lashes on the bare back ;"^^ whereas, "when any negro or 
mulatto shall be found, upon proof made to any county or 
corporation of this territory, to have given a false testimony, 
every such offender shall, without further trial, be ordered by 
said court to have one ear nailed to the pillory, and there stand 
for the space of one hour, and then the said ear to be cut off, 
and thereafter the other ear nailed in like manner and cut off 
at the expiration of the other hour, and moreover, to receive 
thirty-nine lashes on his or her bare back, well laid on, at the 
public whipping-post, or such other punishment as the court 
shall think proper not extending to life or limb."^^ Surely such 
excessive punishment was ill timed and out of proportion, and 
the justice of this criticism is enforced by the realization, that, 
in the courts of the territory negroes had no standing as wit- 
nesses and their testimony was not evidence unless corrobo- 
rated by "pregnant circumstances ;" and then, only at the dis- 
cretion of the judge. Nevertheless, the confession of the ac- 
cused was good and could be used to convict him.^- Even 
greater and more pointed is the expression of this dissimilarity, 
found in that statute which provided that, "When any negro 
or mulatto whosoever shall be convicted of an offense not 

9 Statutes of Mississippi Territory, page 216. Edition 1810. 

10 Statutes of Mississippi Territory, Iiage 217. Edition 181G. 

11 Statutes of Mississippi Territory, page 223. Edition 1816. We 
marvel that even tliis saving limitation is placed upon the right of 
the judge to inflict coriwral punishment upon a negro. 

12 Statutes of Mississippi Territory, page 223. Edition 1816. 



18 Early History of Huntsville, Ala. 

punishable with death by this act, judgment of death shall not 
be given against him or her, upon such conviction, but he or 
she shall be burnt in the hand by the sheriff, in open court, or 
suffer such other and corporal punishment as the court shall 
think fit to inflict, except where he or she once had the benefit 
of this act, and in those cases, such negro or mulatto shall 
suffer death."" 

In taking a retrospective view of the criminal laws of the 
territory, one is impressed with the idea that punishment for 
crime had as its purpose one of two objectives, either to render 
assurance doubly sure that the culprit would not again offend 
against society by removing him (through the death route) 
from all such temptations ; or to so mark him, by burning him 
with the "brand of justice" and lashing her mandates through 
his bared back, as to make of him a continuing spectacle of 
horror. Be it remembered, however, in justice to the law- 
makers of our own, the Alabama Territory, all these statutes 
were passed during the year 1807, and were given to the new 
settlement as rules to live and be governed by at the time of the 
extension of the territorial laws over the county in 1809. 

Viewing in the retrospective these laws, providing punish- 
ment for crime, bearing in mind the while, that the chief fea- 
tures of the punishment inflicted by Captain Slick and his band, 
are likewise the chief features of the punishment prescribed by 
law, we readily realize how a legend, such as that dealing with 
Captain Slick, could have found lodgment and credence in the 
mind of posterity. That there was foundation for thefundamen- 
tals of such a legend cannot be doubted, but that such punishment 
as there ascribed to Captain Slick and his band, should have 
been inflicted and administered by individuals as such, is ex- 
tremely doubtful. It is entirely possible, even probable, that 
this legend, firmly embedded in fact, as we have seen, was 
started upon its course through the annals of time, as a simple 
historic narrative of the punishment awarded in certain cases, 
under the old laws of the territory ; and as years passed, it 
became a legend, by constant repetition, and the addition there- 
to of the name of Captain Slick, to give it the proper setting- 
of the picturesque. No narration of facts or events in so un- 
worthy as to become a legend till it is attired in some pictures- 
que garb. 

18 Statutes of Mississippi Territory, page 223. Edition 1816. 



Early History of Huntsville, Ala. 1^ 

The reader's pardon is asked for having digressed at such 
length from our consideration of courts and court systems 
for the county, to discuss with such seriousness the seeming 
trivial circumstances relating to Captain Slick. But as it is 
the obligation of a narrator of historical events to investigate 
and give record to every fact and incident, whether large or 
small, as well as circumstances which might have a tendency, 
even remotely to illumine the future study of the history of 
the people he seeks to commemorate, the author of these pages 
would have been recreant to a duty had he not given serious 
consideration to Captain Slick and his company. 

COURTS 

Along with the laws of the territory, which were extended 
over the county in February, 1809, came the courts of the terri- 
tory. For a time laws were enforced and justice administered 
in the county by the Supreme Court of the Mississippi Terri- 
tory. Later, and on December 82, 1809, this court was abol- 
ished, and in lieu thereof a county court, known as the "Supe- 
rior court of law and equity," was established.^* By the close of 
1810 all courts had been established and completely organized, 
with a full force of officers, appointed by the governor of the 
Mississippi Territory. 

Stephen Neal was the first sheriff of the county and held 
office from his appointment in 1809 to 1822. 

If there was any one act of the Congress of the United 
States, which was more pregnant with interest to Madison 
county and more potent in establishing the settlement upon a 
firm basis, than any other, it was the act of March 2, 1810, 
which authorized the county to elect one representative to the 
territorial general assembly, and also to vote for one delegate 
from said territory to the Congress of the United States. ^^ 

The matter of establishing and arranging courts, seems to 
have been a perplexing problem even in those days. By this 
same act, just referred to, authority was vested in the terri- 
torial governor to appoint an additional judge "who shall reside 
in Madison county." The territorial Legislature was also 
invested with power to establish a superior court in each county 
of the territory ; and it was further provided that all final 

14 Statutes of Mississippi Territory, page 178. Edition 1816. 

15 Statutes of Mississippi Territory, page 48. Edition 1816. 



20 Barly History of Huntsville, Ala. 

judgments and decrees rendered in the superior court of Madi- 
son were appealable to the superior court of Adams county.^® 

The terms of the superior court of Madison and the time 
for holding the same were fixed by an act of the territorial 
Legislature, of December 18, 1811, on the second Monday in 
May and November, to be held for twelve judicial days, at each 
term. By this same act it was provided that an intermediate 
court, for county purposes, be held for the county of Madison 
in May and November, for two days, at each term, which had 
exclusive jurisdiction of causes in which not more than $200 
was involved.^'^ 

Later, it was determined that the business of Madison county 
required more time, so accordingly by act of December 1, 1814, 
the terms of court were increased to eighteen judicial days, 
each.^^ 

We have noted that the superior court of Adams county 
served as a court of appeals for the review of judgments and 
decrees of the Madison superior court. By an act of the 
Legislature of January 20th, 1814, there was created, the su- 
preme court of errors and appeals, with judges to be appointed 
by the territorial governor, with terms to be held twice each 
year on the second Monday in June and December, which was 
in lieu of and had jurisdiction of all appeals to the exclusion of 
the superior court of Adams county/^ This same act conferred 
jurisdiction upon the superior court of Madison, of all actions 
and suits in which the amount involved exceeded $50.00. 

Judge Taylor tells us, in his article, that, the first court ever 
held in the county was known as the inferior court, which was 
convened the first Monday in January, 1810. Five justices sat 
upon the bench, with one of their number as chief justice of 
the quorum. Leroy Pope was chief justice and E. Ward, 
William Dickson, J. Withers, and Thomas Bibb were associate 
justices of the court, while William Winston was clerk. In 
1820 this court was abolished and in its stead there was 
created a court with jurisdiction co-extensive with our present 
probate court, and in addition thereto, jurisdiction over civil 

i« It is the author's belief that Adam's rounty was in that portion 
of the territory which is now Mississippi ; ami had as its western 
boundary the Mississippi river, and extended apiJroxiniately across 
the state. As to tliis, Jiowever, he cannot be certain, owinp: to a hxclc 
of data upon the subject. 

IT Statutes of Mississippi Territory, page 189. Edition 1816. 

18 Statutes of Mississippi Territory, page 205. Edition 1816. 

10 Statutes of Mississippi Territory, page 200. Edition 1816. 



Early History of Huntsville, Ala. 21 

causes. Of this court Sam Chapman, brother of Reuben Chap- 
man, afterwards governor of the State, was the first judge, 
serving as such from 1830 to 1834. Edward Chambers Betts, 
grandfather of the author, was the last judge of this court, 
serving as such from 1849 to 1850, when it was abolished, and 
the present probate court created in lieu thereof with J. M. 
Otey as its first, judge. 

The superior court of the county, the establishment of which 
we have noted, was opened on October 1, 1810, with Obediah 
Jones as judge, and Peter Perkins as clerk. A chronicle of 
the times has it that this was an occasion of serious moment 
in the county's history. That it was so regarded by the court 
officials can be little doubted, when we learn that great pomp 
and ceremony attended this auspicious event. At this session 
of the court the hereafter named gentlemen presented their cre- 
dentials as attorneys at law, had their names enrolled, and 
were accordingly admitted to the practice as members of the 
Twickenham Bar: J. W. Walker, who served as attorney- 
general at the first term of the court; J. C. Hamilton, Geo. 
Cotter, James Rogers, Gabriel Moore, Marmaduke Williams, 
and Lewis Winston, afterwards attorney general of the terri- 
tory. 

The first business session of this court was held on the first 
Monday in November, 1810. 

PURCHASERS AT LAND SALES OF 1809 

Great numbers of prospective purchasers poured into the 
settlement during the year 1809, eager to bid on the lands of- 
fered for sale by the Government. Many of these potential 
settlers were wealthy and owned large bodies of slaves. 

Twickenham was reached by two principal lines of travel, 
both leading North for about ten miles to where they merged 
into what is now the New Market road, which proceeded thence 
northward to Nashville. To the north of New Market this 
route was tapped by a road leading eastward through Ten- 
nessee and crossing the Tennessee river about the northwest 
corner of the state of Georgia, proceeding thence into Georgia. 
It is along this latter route that the greater number of these 
potential settlers came in 1809. They followed the New 
Market road till Flint river, in this county, was reached, here 
they divided. Some of them coming to the settlement by the 
Deposit road to what is now Brownsboro, and thence into 



22 Early History of Hnntsville, Ala. 

Twickenham ; others came along the road leading north from 
the settlement to Flint river, along which now passes the 
Three Forks of Flint road. 

As many of the men, whose names are so indelibly stamped 
upon the pages of our State's, and in some instances our 
nation's, history, became purchasers at these sales, afterwards 
settling in the county, it will not be amiss to here record some 
of those names. 

Large tracts of land along the road leading north from 
Twickenham to Flint river were bid in by William Moore, Na- 
than Strong, James Roper, Matthew Weaver, and John R. B. 
Eldridge. Closer into the settlement, but along that part of this 
same road, which is now known as Meridian Pike, purchases of 
land were made by R. Thompson, Thomas Bibb, J. Manning, B. 
S. Pope, J. Lowery, J. W. Watkins, J. Connally,' P. Cox, J. W. 
Walker, Hugh McVay, and C. Cabaniss. Around Twicken- 
ham, and in different directions, large tracts of land were 
bought by Dr. David Moore, Archie McDonnell, and J. & S. 
Acklen, while out toward what is now known as Russell's Hill, 
just west of the settlement, purchases were made by E. Dil- 
worth, E. Ward, and J. Allison. 

In due season, houses were built — in most instances of logs — 
upon these tracts. Great droves of slaves belonging to these 
settlers having been brought in, clearing of land commenced 
soon thereafter. Now, the business of transforming this fron- 
tier settlement into a permanent community and the famed 
metropolis of the Alabama Territory it was soon to be, was 
begun in earnest, and progressed with a gratifying and unprec- 
edented rapidity. 

An examination of history's pages reveals that not only did 
Twickenham and Madison county contribute their share toward 
the political and economic development of the Mississippi Ter- 
ritory, but that the illustrious names, of those statesmen, which 
form the very pillars of history's ark and thatch its roof, are 
intimate to their history. For among those who purchased 
lands and settled in Twickenham during the years 1809 and 
1810 were: Thomas Bibb, the first president of the Alabama 
Senate, who succeeded to the office of governor of the State 
upon the death of his brother, William Bibb, its first governor ; 
Gabriel Moore, and Clement Comer Clay, both of whom be- 
came governors of the State, and the latter of whom served 
Alabama as United States senator, shedding lustre upon her 



Early History of Huntsville, Ala. 23 

people, and by his marked abilities creating for Alabama, the 
new State, an enviable place in the counsels of the nation ; 
Leroy Pope is affectionately referred to in the chronicle of the 
times as the "Father of Huntsville," he was called upon to 
serve his people in many and varied capacities, acting, as we 
have seen, as chief justice of the first court of the county ; 
J. W. Walker was the first lawyer admitted to practice in the 
courts of this county, serving as attorney-general at the first 
session of the court, and later became one of the first United 
States senators from Alabama. At the beginning of his term 
Alabama was represented in the nation's Congress by two 
senators and one representative. In addition to these, there 
were many more whose names adorn the pages of Madison's 
history, such as : Peyton Cox, J. Manning, and Robert Thomp- 
son. All these parties came to the new settlement from Peters- 
burg, Elbert county, Georgia, and it would seem, in coming, 
stripped that town of its vital forces, rendering it stagnant, for 
it has ceased to exist for a number of years. 

ESTABLISHMENT AND FOUNDING OF TWICKENHAM 

As we have observed, on the 22nd day of December, 1809, 
the Territorial Legislature created a commission to lay out 
the town, and when so laid out it was to be "called and known 
by the name of Twickenham." At this time the settlement had 
between two hundred and three hundred inhabitants. Just why 
the name of Twickenham was chosen is not a matter of con- 
jecture. The moving spirit and the dominant influence of 
nearly all positive action in the life of the settlement was Leroy 
Pope, a wealthy man, public spirited and liberal. He was a 
great admirer of the poet Alexander Pope, though no relation, 
so far as the author has been able to ascertain. The poet's 
English home was named Twickenham. Through the influence 
of Leroy Pope this was the name given the settlement upon its 
establishment. 

Pursuant to the legislative enactment the commission early 
in 1810, laid out the town, including in its limits, about sixty 
acres. The town site, including the "Big Spring," had been 
previously purchased, in 1808, by Martin Beaty from the "Ten- 
nessee Land Company," for the sum of $1.00 per acre. One 
thousand acres was included in the purchase, to which he after- 
wards released his claim, upon 'effecting a settlement with the 
United States Government. Before the town site was laid 



24 Early History of Huntsville, Ala. 

out, at the Government land sales in 1809, Leroy Pope pur- 
chased the quartersection of land upon which was located the 
spring-, at the, then, exorbitant price of $23.00 per acre. That 
the bidding for this piece of land was sharp is attested by the 
fact that it brought four times as much as any of the adjoining 
lands. Pope bought this land with a view to locating the 
county site upon it, which was accordingly done, later. 

The streets of the town were laid out with reference to the 
spring bluff. It is probable that this work was done by J. W. 
Leake, a local surveyor, who it seems did all such work till 
1816, when Hunter Peel, an Englishman, came to Huntsville. 
Twickenham was bounded on the north by what is now Holmes 
street ; on the east by Lincoln street ; on the south by Williams 
street, and on the west by Galatin and Henry streets, or Oak 
avenue. 

The town being now platted, the commissioners bought thirty 
acres, the south half of which was purchased from Leroy Pope 
at $25.00 per acre. This thirty acres obtained by the com- 
missioners, was that immediately adjacent to the spring bluff, 
comprising what is now a portion of Court square, and the 
property abutting thereon. Mr. Pope donated to the town for 
public purposes, what is now the jail lot and half of the court 
house square. This thirty acres was divided into half-acre lots, 
which, when sold, brought from $200.00 to $500.00 each. The 
total revenue derived from the sales was $10,000.00, which, 
as directed, was used in the construction of public buildings, 
thereafter immediately begun. 

The first lot, in Twickenham, was sold on July 4th, 1810, 
which seems to mark the beginning of an era of phenomenal 
growth, not alone for the town and county, but for the entire 
State as well. Soon, thereafter, John Hickman was awarded 
the contract for the construction of the first court house, which 
was completed in 1816, and stood upon the site of the present 
one. Co-temporaneous with the erection of the temple of 
justice, a jail was built; and completed after delay commensu- 
rate with that attending the completion of the court house, 
and was situated on the northeast corner of the square. From 
the number of years consumed in completing the court house, 
one might infer that this noble work of erecting Madison's 
first shrine to the Goddess of Justice, was probably finished by 
the "heirs, executors or administrators" of John Hickman, the 
original contractor. At any rate, these public buildings in their 



Early History of Himtsville, Ala. 25 

incomplete state, became the subject of legislation again, on 
December 12, 1816, when an act was passed providing that: 
"The justices of said county court be and they are hereby 
appointed a commission to contract for and superintend the 
completion of the public buildings of said county," with power 
to purchase a lot for the jail and to proceed to the completion 
of the pillory.^" 

In the basement of the court house was located the first 
"Market House ;" later, it was removed to what is now the 
Holding block, on the east side of the square, where it was 
housed in a brick structure, and finally, from there it was 
moved to the northwest corner of the intersection of Washing- 
ton and Clinton streets, upon the site now occupied by the 
Twickenham Hotel. 

NAME CHANGED TO HUNTSVILLE 

Not unlike other towns, Twickenham had its local dissen- 
sions and internal strife, and the name of the town was the 
bone of contention. Legend claims that the settlement was 
divided in twain, and that "there existed two powerful fac- 
tions," denominated respectively : The "Royal Party" and 
the "Castor-oil Party ;" being so named on account of the 
leadership espousing each. The former was led by Leroy Pope 
and contended for the name of Twickenham, while the latter 
was led by John Hunt, who operated a castor-oil shop, and 
contended for the name of Huntsville. That this is but mere 
fiction, can be little doubted, when we learn that John Hunt 
left the settlement shortly after the land sales of 1809, without 
perfecting his title to the lands purchased by him, in failing to 
pay the Government for the same, returning to his old home in 
Tennessee ; and this before the settlement he had founded was 
named Twickenham. What the real reason for the change was 
must remain the subject of conjecture. However, history does 
inform us, that, though the town was legally named Twicken- 
ham, the spring, and even the settlement itself to some extent, 
was still called and known as "Hunt's Spring." This circum- 
stance, taken in connection with the fact that there were many 
who believed deference should be shown the memory of Hunt ; 
and again, the even more potent circumstance that Twickenham 
was an English name, which made it no doubt very unpopular 

20 statutes of Mississippi Territoi-y, page 465. Edition 1816. 



26 Early History of Huntsville, Ala. 

just at this time, when the relations between this Government 
and Great Britain were unfriendly and strained to the breaking 
point by the oft-repeated insults, and bullying of our commerce 
by Britain's naval policy, which led to the War of 1812, amply 
explain the desire for the change of name. 

Answering the demand of her people, the Territorial Legis- 
lature by act of November 25, 1811, changed the name of the 
town, by providing, that : "From and after the passage of this 
act, the county town of Madison county — now called Twicken- 
ham — shall be called and known by the name of Huntsville."-^ 
The same Legislature by an act of December 9, 1811, incor- 
porated Huntsville, and gave to it, its first municipal charter 
and government. The act incorporating the town is as fol- 
lows: 

"Section 1. Be it enacted by the Legislative Council and 
House of Representatives of the Mississippi Territory, in 
general assembly convened, That the town of Huntsville, in 
Madison county, shall be, and the same is hereby incorporated, 
and all free white male inhabitants of said town, above the age 
of twenty-one years, are hereby authorized to vote for five 
persons as trustees of said corporation, who are authorized and 
empowered to superintendent the police of said town by passing 
such by-laws, not contrary to the laws of the United States, or 
of this territory, as they may think proper for the well-govern- 
ment of said town, and for the suppression and removal of 
nuisances, laying oflf and repairing the streets. 

Section 2. And be it further enacted : That the said trus- 
tees, or a majority of them, are hereby authorized to assess 
such taxes on all property laying within the boundaries of said 
town, as they think proper, for all the purposes of a proper 
police, said assessment of taxes not to exceed two hundred dol- 
lars. 

Section 3. And be it further enacted, that there shall be a 
constable appointed within the limits of said town, whose duty 
it shall be, to collect the taxes mentioned in the preceding 
section, and to whom the taxes aforesaid shall be given in upon 
oath, and the said constable shall receive on such taxes, when 
collected, five percentum for collecting and paying over the 
aforesaid taxes to such trustees as may be appointed by the 
board to receive them. 

Section 4. And be it further enacted, that the election for 
trustees shall be held at the court house, on the first Monday in 

-•1 statutes of Mississii)!)! Territoi'y, page 100. Edition 181G. 



Barly History of HiintsvUle, Ala. 



27 



February, annually, under the superintendence of the sheriff 
and any justice of the peace, which election shall commence 
at the hour of ten o'clock in the morning, and close at two 
o'clock in the evening.-- 

The provisions of this charter were amplified and extended 
by an act, of the Territorial Legislature, of November 29th, 
1815, making the provisions of an act amending the charter of 
the town of St. Stephens applicable to Huntsville.-^ Later 
another charter was granted by an act of December 16th, 1819, 
appointing three additional commissioners for Huntsville, and 
naming John Read, Henry Stokes and Jesse Searcy, as such 
commissioners.-^ This charter and form of government re- 
mained in force without change till the meeting of the State 
Legislature at its session of 1843-44, whereat a new charter 
was granted dividing the city into four wards and providing 
a mayor and eight aldermen to be chosen by the qualified elec- 
tors, also extending the limits of the town to one-half mile in 
each direction from the court house. -^ This charter remained 
unchanged and in force till the Civil War. 

Prior to this extension of limits the boundaries of the town 
had, from time to time, been changed. On the 16th of Novem- 
ber, 1818, the limits were so enlarged as to incorporate "the 
extensions of Green and Madison streets 'to include the prop- 
erty of certain named individuals' and none others."^® A 
somewhat novel exception in the next extension of limits was 
effected by an act of the Legislature on December 17th. 1819, 
wherein it was provided "That the corporate limits of the 
town of Huntsville, shall extend one-quarter of a mile from 
each side of the public square in said town * * * which 
corporation shall not affect the persons or property of Thomas 
and William Brandon, who reside within the limits of said 
corporation." This latter clause was repealed by "An Act 
Concerning Wolves and Panthers," passed in 1820." 

References: — Brewer's Alabama; Judge Taylor's History of 
Madison County; newspaper clippings and files; kindness of 
many older citizens ; Northern Alabamia. 

22 statutes of Mississippi Territory, page 104. Edition 1816. 

23 Toulmin's Digest of Alabania Laws, page 777. Edition 1823. 

24 Toulmin's Digest of Alabama Laws, page 80(1 I<]dition 182.'?. 

25 This is the first time city officials of Pluntsville were designated 
mayor and aldermen, prior thereto they were styled "trustees" and 
later "commissioners." 

26 Toulmin's Digest of Alabama Laws, page 77.5. Edition 182.3. 

27 Toulmin's Digest of Alabama I^aws, pages 80.5-6. Edition 1823. 



Chapter III. 



PEOPLE AND EVENTS OCCUPYING HISTORY'S STAGE 
BETWEEN 1810 AND 1816 



AS AN introduction to this chapter, the author asks leave 
to quote briefly from a letter written in 1815 by John 
W. Walker, later United States Senator, to his friend 
at Washington, W. H. Crawford, then Secretary of 
the United States Treasury : "Huntsville is situated around 
the finest spring in the world ; the spring forms a semicircle 
100 feet wide, and at a trivial expense the stream can be made 
navigable for batteaux to the Tennessee river ; which is only 
ten miles distant. The market house is of brick; the jail of 
wood. In its immediate vicinity are five cotton gins. The 
average land in the county will produce 1,000 pounds of cotton 
to the acre, and 800 bales will be this year's crop. The land 
is also admirably adapted to tobacco raising. Besides the gins 
in Huntsville, there are twenty in the county." Such expres- 
sions as these reflect the spirit of the times. An exhilarating 
air of buoyancy and hope pervaded every phase of life in the 
community. The atmosphere was electric with ardent opti- 
mism for the future, which was so abundantly warranted, as is 
eloquently attested by history's narration of that future. 

As the beginning of this, the second era in the growth of the 
settlement, is the ending of the first at which lands were 
bought, the inhabitants were primarily engaged about the busi- 
ness of establishing their homes. Most of the wealthier citizens 
built houses along the south of the town, just out of the town 
limits, ranging from Pope's — now Echols' — hill on the east, to 
the spring blufif on the west, along what is now Williams street, 
which was lined with towering oaks and stately poplars ; while 
others erected their houses along what is now Maiden Lane, 
just south of a rugged and picturesque bluff, upon which was 
later situated the home of Leroy Pope. From time to time 
residences were changed from one part of town to another, 
and from the country to town, and the reverse. Thomas Bibb 
and Henry Minor being among the most noteworthy of those 
who moved over to the south side of town. 



Early History of Huntsville, Ala. 



29 



After the matter of housing the settlers had been properly 
disposed of, the attention and energies of the entire community 
seem to have been directed to the development of the economic 
interests of the town ; not to the exclusion of, however, but 
with due and commensurate regard for its proper political de- 
velopment as a factor in the governmental life of the territory. 

Some time during the year 1810, Alexander Gilbreath opened 
a mercantile establishment at the corner of Gates and Henry 
streets, and about a year later formed a partnership with James 
White. This firm enjoyed a large and lucrative business for 
many years. John Brown erected two store-houses on Ex- 
change Row, being the first on the north side of the square. 
Near these J. O. Crump built one. In 1810 John Read came 
to Twickenham and erected the first house on the old Schaudies 
property, at the southwest corner of the square. This house 
was later purchased by A. Jameson, who ran a hotel there, and 
some time thereafter it was acquired by Allen Cooper, who con- 
tinued to operate the hotel. The first store-house on the east 
side of the square was built by Neal B. Rose, Leroy Pope and 
John Hickman. 

For a number of years the first and only paper in the terri- 
tory was the "Madison Gazette," published at Twickenham by 
Mr. Parham, having been established in the early part of 1813, 
as a weekly.^ Later, in 1816, this paper changed hands and 
was thereafter published by T. B. Grantland, under the name 
of "The Huntsville Republican." 

As early as 1803^ the Territorial Legislators conceived the 
idea that taverns were institutions peculiarly subject to gov- 
ernmental control, even to the extent of fixing the rates to be 
charged ; however, notwithstanding this, hotels or taverns were 
numerous in Twickenham. On the west side of Jefferson 
Street, just ofif the square, on the site of the old Huntsville 
Hotel, C. Cheatham owned and operated a tavern, and just 
across the street, in the center of the block, Archibald Maderra 
ran his tavern, which was headquarters for the delegates to the 
Territorial Constitutional Convention held at Huntsville in 
1819. 

Between these years, the population of this, the oldest Eng- 
lish settled town in the State, was of slow growth, notwith- 
standing that Madison county then held within its limits more 

a Statutes of Mississippi Territory, page 56. Edition 1816. 
1 Statutes of Mississippi Territory, page 396. Edition 1816. 



30 



Early History of Huntsville, Ala. 



than one-half the entire population in that scope of country 
which later became the State of Alabama. Nevertheless, dur- 
ing this period the business and commercial interests of the 
settlement grew by leaps and bounds. Many cotton gins and 
mills of various characters were located in and around the 
town. The author will be pardoned for here digressing, and 
recording the fact that the first cotton gin in the county and 
probably in the State, — referred to by a chronicle of the times 
as a cotton factory — was erected by Charles Cabaniss on Bar- 
ren Fork of Flint river, soon after the land sales in 1809. 

When the court house was completed in 1816, it was flanked 
about on all sides by handsome brick store-houses, and in all 
parts of town many elegant and costly homes had been erected 
and many more were in the process of completion. This mate- 
rial growth of the town represented the skill and handiwork of 
two brothers, Thomas and William Brandon, who came into 
the community in 1810, with nothing but their mason's tools, 
and in these few years had transformed the crude log hut set- 
tlement into the brick and mortar metropolis of the territory, 
it had by this time become. 

Though engrossed in and busied about the reclamation and 
development of their own wonderful county, the fires of pa- 
triotism still burned brightly in the souls of Madison's men and 
women. On October 13, 1813, General Andrew Jackson, and 
his command, after marching from Fayetteville to Huntsville 
in five hours, halted at what is now the intersection of East 
Holmes and North Lincoln streets, for rest over night, having 
learned on arriving here that the report of the "rapid approach 
of the Indians was exaggerated." General Jackson and his 
command the next day continued their march through the coun- 
try of hostile Indian tribes to Horse Shoe Bend, where that 
sanguinary battle was fought with the Creek Indians. Nor 
was their departure unattended, for the county had contrib- 
uted liberally of its men ; four companies from Huntsville, one 
the "Mounted Rangers," under the command of Capt. Eli 
Hammond and a fifth company from Hazel Green, with Cap- 
tain Jack Mosley as its commander, had joined General Jack- 
son's forces here. 

In those strenuous times, when safety lay in one's ability to 
shoot a muzzle-loading-flint-lock-squirrel-rifle, "military pre- 
paredness" was not merely a fad to be indulged according to 
political exigencies, and universal military training, in a meas- 
ure, was a reality. The duty of every male citizen to bear 



Barly History of Huntsville, Ala. 31 

arms in defense of his country and be subject to its call, was 
not a myth. To the accomplishment of this end, laws govern- 
ing the same in the territory had been enacted, which, we have 
observed, were made to apply to Madison county, on February 
27, 1809.- It was required of the commanding oflficers of the 
companies that they enroll "every free white male who shall 
have been ten days in their respective beats — each beat in the 
county having one or more companies — and who shall be above 
the age of eighteen and under the age of forty-five, and shall 
give notice to such person of his enrollment."^ Thereafter, 
militia duty or service was compulsory upon males so enrolled. 

The regiment was required — by law — to hold a muster once 
a year, and the company once every two months and oftener, at 
the discretion of the commanding officer.* 

During the war of 1812 the settlement had furnished its 
quota of men to defend the country. Two companies, one 
under the command of Capt. Jack Mosley, and the other with 
Captain Gray as its commander, went forth from Huntsville ; 
however, both companies were mustered out without having 
seen service in actual war. 

At the end of this era, between the years 1815 and 1816, 
there was a pronounced inflated condition of affairs. Land 
values, which, in some instances, had increased ten-fold, bear 
unmistakable evidence of this forward tendency of things and 
events in the life of the settlement. The southwest corner of 
the square — known in later years, as the Schaudies corner — 
sold in 1811 for $715.00, and without having been improved 
with a costly building, brought $7,500.00 when sold during 
the last year of this period ; and it is said by a narrator of 
those times, that this instance of the rise in property values, is 
a fair index to the advance in the price of all property. Not 
alone did these conditions prevail immediately in the town, but 
throughout the county as well. Farm lands approximate to 
the town brought $100.00 per acre, and in more remote sections 
of the county $20.00 an acre was considered cheap. 

As a corollary of these advances in the wealth and financial 
resources of the settlement, as a town, the per capita wealth 
of the individuals of the community kept pace. During this 
period, and especially the latter part thereof, large sums of 
money were invested in slaves, which were brought to the town 

2 Statutes of Mississipi)i Territory, page 177. Edition 1816. 

3 Statutes of Mississippi Territory, page 333. Edition 1816. 
* Statutes of Mississippi Territory, page 334. Edition 1816. 



32 



Barly History of Huntsville, Ala. 



in great droves by slave traders, and readily disposed of to 
the inhabitants of the town and county. 

THE PERIOD BETWEEN 1817 AND 1821 

The growth of the entire scope of country, now forming 
Alabama, had been commensurate with the spirit of the times, 
and in order to properly care for the governmental interests 
of its inhabitants, Congress by act of March 3, 1817, created 
the Alabama Territory, with St. Stephens as its seat of govern- 
ment, and William Bibb as governor.^ This seems to have 
been the one remaining thing to do for the complete emancipa- 
tion of prosperity, which appears to have run riot in Hunts- 
ville during this period. When we scan history's record of the 
epoch making things and events which crowded in upon each 
other during these years, we see the reflection of prosperity's 
contest with itself to accomplish something more potent for 
the good of the county than the thing just preceding. 

Agreeable to an act of the Legislature of the Mississippi Ter- 
ritory of December 11, 1816, on the first Monday in February, 
1817, Leroy Pope, John P. Hickman, David Moore, Benjamin 
Cox, John M. Taylor, Thomas Fearn, Jesse Searcy, Clement 
C. Clay, and John W. Walker, as commissioners, opened books 
at Huntsville for subscription to the capital stock of the first 
banking corporation organized in Alabama, then a territory, 
styled, "The President, Directors and Company of the Planters' 
and Merchants' Bank, of Huntsville."*' 

The authorized capital of the Planters' and Merchants' Bank, 
was $500,000, divided into five thousand shares of the value 
of $100.00 each, of which five hundred shares were treasury 
stock, to be held for the space of ten years, subject to the right 
of the State to purchase the same. 

During the latter part of this period, there was opened at 
Huntsville another bank under the superintendence of John 
McKinley, Lemuel Mead, Nicholas Hobson, Frederick James 
and Stephen S. Ewing, with a capital of $150,000. This bank 
was designated as a branch of the State Bank of Alabama, 
which had a capital of $2,000,000, over half of the stock being 
held by the State.^ 

On September 7, 181G, the first issue of the weekly paper, 
the (Huntsville) Alabama Republican appeared, which, as we 

5 3 TJ. S. statutes at Large. 371 ; Vol. 1, Code of Ala. 1907, page 33. 
Statutes of Mississippi Territory, page 455. Edition 1816. 
7 Toulmin's Digest of Alabama Laws, page 53. Edition 1823. 



Early History of Huntsville, Ala. 



33 



have observed, was formed from the Madison Gazette, already 
discontinued. T. B. Grantland was its editor; later, Messrs. 
Boardman & Adams became its owners and editors. 

In 1817 the Government Land Office was moved from Nash- 
ville to Huntsville ; shortly thereafter the land sales of 1818 
took place. Judge Taylor, in his history, tells us : all things 
considered, the sale of Madison county lands in 1818, created 
as great excitement as did the California gold fever in 1848-49. 
Bidding at these sales was spirited, and the average price paid 
ranged from $50.00 to $54.00 per acre. Much of this land 
was bought in by people from all sections of the South, many 
of whom afterwards settled here. The greater number of the 
purchasers at the former sales in 1809, acquired additional 
acreage at these sales. Chief among the new settlers who 
purchased at these later sales were numbers of cultured and 
wealthy Virginians, who brought with them large droves of 
slaves. 

This recognition of the fertility of the soil and appreciation 
of the phenomenal future ahead of the town was not confined 
to home-seekers alone, but was shared by some of the nation's 
greatest men who foresaw an investment in the ownership of 
these lands, which promised a rich reward. Most noteworthy 
among these national figures was General Andrew Jackson, 
who acquired vast areas of Madison county lands. General 
Jackson's visits to Huntsville were not confined to attendance 
upon land sales alone. His frequent sojourns here made him 
intimate to this settlement, which held for him the highest 
esteem and warmest regard. A narrator of the times records 
that General Jackson's visits to the hostelry of one Connally, — 
the "Old Green Bottom Inn," were oft repeated. There — as 
legend has it — General Jackson "raced his horses and fought 
his cocks." A portion of this once famous tavern ; — and it was 
famous, being the mecca of sporting men from all parts of the 
South — still stands. Likewise, at this writing, the dining-room 
of the Inn and the table off which General Jackson ate are still 
preserved. That portion of this old tavern, which was con- 
structed of gray limestone, still remaining, is now occupied by 
the president of the State Agricultural and Mechanical Col- 
lege for Negroes, at Normal, Alabama, four miles north of 
Huntsville. The proprietor of the tavern was a race horse 
breeder of no mean renown, for here at the "Old Green Bot- 
tom Race Track," which was operated in connection with the 



34 Early History of Huntsville, Ala. 

inn, he raised and trained "Gray Gander," the fastest horse 
then known to the racing world. 

The first census for Madison county, taken in 1816, shows 
a population of 14,800. What per cent of this was colored, is 
not known. That history, in its record of events, properly 
interprets them to be a reflection of the boom spirit of the 
times, cannot be doubted, when we learn that in 1820, just four 
years later, the second census was taken, revealing an increase 
in the population of the county of over 5,000. There were 
then, in all, 19,565 inhabitants ; 10,342 of whom were white, 
and 9,323 colored. The aggregate population was three times 
that of any other county in the State ; while the white popula- 
tion itself was in the same proportion to that of any other 
county. 

These years were verily the brightest and most prosperous, 
and held more promise, than any yet enjoyed by Huntsville 
and its inhabitants. This brilliant and all alluring kaleidoscopic 
view of the future of the town was not without its warrant. 
The United States was at peace with the world, the surround- 
ing wilderness had been wrested from the Indians, cotton was 
selling in an eager market at 20c to 25c per pound. Here 
more pounds per acre could be produced than most anywhere. 
The first and only bank, for a time in the State, being located 
here, and the Government Land Office, tended to make it the 
axis around which revolved all things commercial and political 
pertaining to the Territory. Land values had reached their 
zenith. Railroads being then unknown, perforce, navigation 
was regarded as the only possible medium of transportation. 
A feverish enthusiasm was manifested on all sides in the lock 
and dam project of the Indian Creek Navigation Company, to 
render the Big Spring branch and Indian creek the artery of 
commerce to the Tennessee river, and thence to the outside 
world. The town was crowded with people ; hotels were taxed 
to their utmost limit to lodge the throngs of transients ; the 
bank itself was inadequate to the times, and could not care for 
the commercial interests of the community. So general was 
the recognition of the merited yet over weaning mastery and 
domination by Huntsville of the commercial and political life 
of the whole State, that, in spite of its geographic location, the 
economic necessity and advantage of making Huntsville the 
capital of the State was boldly contended for by her prominent 
men, and freely admitted by other leaders of thought from all 
parts of the State. 



Barly History of Huntsville, Ala. 35 

TERRITORIAL CONSTITUTIONAL CONVENTION 

During these years the population of the entire territory 
had grown apace, and in 1819 there were within the limits of 
the Alabama Territory sufficient numbers to warrant the ad- 
mission of Alabama into the Union. Accordingly the formali- 
ties attending the genesis of a new State being attended to, 
Congress, on March 2, 1819, passed an act authorizing the 
people of the Alabama Territory to hold a convention at 
Huntsville for the purpose of drafting a State Constitution.^ 
Pursuant to this act, an election was held throughout the Ter- 
ritory of Alabama, on the first Monday and Tuesday in May 
of that year, for the purpose of choosing delegates to this Con- 
vention, to be held on the first Monday in July following. Rep- 
resentation in this assembly was apportioned by the act, accord- 
ing to population — Madison having eight delegates, twice as 
many as the next highest county, Monroe, which had four ; 
there were forty-four in all from the twenty-two counties then 
forming the State. 

Agreeable to what had been done, the Convention assembled 
at Huntsville on the first Monday in July, with John W. 
Walker, of Madison, presiding. Madison's other delegates 
were Clement Comer Clay, J. L. Townes, Henry Chambers, 
Lemuel Mead, Henry Minor, Gabriel Moore, and J. M. Taylor. 
Judging from the record of success, in public life, achieved by 
Madison's representatives in this historic assembly, she must 
have occupied an enviable and exalted position of leadership 
in the councils of that body. Upon the floor of that house she 
was undeniably the peer of all comers, with such men as Cham- 
bers and Clay accredited to her. 

The meetings were held in an assembly hall, now long since 
removed, which occupied the northwest corner at the intersec- 
tion of Franklin and Gates streets ; the spot being now 
marked by a handsome bronze tablet erected by the Daughters 
of the American Revolution. Later, after its admission to 
the Union, the first session of the Legislature of the State of 
Alabama was held in that same building. 

The business of the Convention having been transacted in 
due course, Alabama was admitted into the sisterhood of 
states. On the second day of August, 1819, a proclamation, 
accepting on behalf of the people of Alabama, the obligation 
of statehood, was promulgated by J. W. Walker, as president 
of the Convention. 

8 Toulmin's Digest of Alabama Laws, page 910. Edition 1823. 



^6 Pearly History of Huntsville, Ala. 

Alabama being now a State, public attention turned to the 
selection of officers to administer the three separate branches 
of government. This was becomingly done with all due haste. 

The executive office was first occupied by William Bibb, who 
had defeated Marmaduke Williams, by one thousand majority. 
The total vote polled for both candidates for governor being 
fifteen thousand. Governor Bibb was inaugurated at Hunts- 
ville, on November 9th, 1819. Huntsville was then the tem- 
porary capital of the State. Later, the seat of government 
was removed to Cahaba, on account of its more central 
geographic position. Madison county was represented in the 
first State Legislature by Sam Walker, Gabriel Moore, E. 
Moody, James G. Birney, G. Lampkin, Sam Chapman, J. L. 
Townes, F. Weeden, and L Wilborn. LTnder the first State 
Constitution, cities and towns were entitled to separate repre- 
sentation in the general assembly. 

While the Legislature was in session at Huntsville, a bill 
was passed, incorporating Triana, on the 13th day of Novem- 
ber, 1819.® Later, on December 20th of that year, this act was 
amended" by providing for the election of a president of the 
board of trustees, the governing body consisting of five mem- 
bers. Shortly after the incorporation of Triana, the trustees 
proceeded to lay off the town into streets, blocks, and lots. At 
this time, the plan to render the Tennessee river navigable for 
large steamers was considered by Huntsvillians to be an as- 
sured success ; thus making possible the realization of their 
most cherished dream, that, Triana should become the largest 
shipping point and cotton center in the entire State. This con- 
fidence in the future of Triana, as a commercial center was 
likewise shared by many investors of wealth and influence 
from all parts of the State. The profits accruing to the cor- 
poration from the sale of town lots, most of which were pur- 
chased by inhabitants of Huntsville and environs, aggregated 
$90,000.00. With speed, commensurate with the magnitude of 
the task, the trustees set about making ready for the reign of 
prosperity of Triana was certain to enjoy in the immediate 
future, as they believed. Public buildings were erected, and 
large sums were expended in other municipal imjjrovements. 
But, alas for Triana. The march of progress had no consid- 
eration for, and gave no heed to the plans and aspirations of 
her people. With the coming of railroads, a new factor in the 

Toulniln'8 Digest of Alabaam Laws, page 810. Edition 1823. 
10 ih., page 811. 



Early History of Huntsville, Ala. 37 

world of commercial activities arose, revolutionizino^ the age- 
old methods of transportation. Triana was subjected to the 
inexorable fate of ultimate extinction. 

With the designation of Huntsville, by Congress, as a meet- 
ing place for the Constitutional Convention, came recognition of 
its leadership in all matters pertaining to the commercial, gov- 
ernmental and political life of the Alabama Territory. Tribute 
to this supremacy was paid by no less a personage than the 
nation's chief executive. President Monroe, who visited the 
town in company with two cabinet officers on Tuesday, June 
1st, 1819.^^ Flurry and excitement greeted the presidential 
party as it rode into the town on horseback, unannounced. 
Later, Clement Comer Clay at the head of a delegation of dis- 
tinguished citizens called upon the president at his inn, and 
extended formal welcome to the town. The next day, Col. 
Tobey Jones entertained the presidential party with an elab- 
orate banquet, at which were present one hundred of Hunts- 
ville's most prominent citizens. This memorable dinner was 
served in the assembly hall of the old frame building which 
stood till about twelve years ago, upon the southwest corner 
at the intersection of Franklin and Gates streets. It was in this 
same building that William Bibb was inaugurated as first 
governor of the State of Alabama, on November 9, 1819. 

So great were the commercial activities of the community 
during this period, that money became very scarce, and promis- 
sory notes secured by droves of slaves, were to a great extent 
substituted therefor as a medium of exchange. This situation 
seems to have been acute and so fundamental, that "quo war- 
ranto" proceedings were instituted against the Planters' and 
Merchants' Bank, at Huntsville. Later, the directors of the 
bank, having given pledges by bond for the ultimate security 
of its business, the Legislature, by act of December 24th, 1832, 
suspended the quo warranto proceedings pending the resump- 
tion of specie payment by the bank not later than the 10th day 
of November, 1823. It was further provided that the charter 
of the bank should become void, if all payments were not made 
in specie on and after January 21st, 1824.^- 

The author after a diligent search of the records of those 
times, has been unable to find mention of the dissolution of the 
bank, as contemplated by that act of the Legislature. Hence 

11 (Huntsville) Alabama Republican, June 5th, 1819. 

12 Toulmin's Digest of Alabama Laws, page 63. Edition 1823. 



38 Barly History of Huntsville, Ala. 

the inference is indulged that the pressure of the times was 
reHeved, and that this condition of the bank's affairs was 
adjusted in due course. 

Madison county now had within its confines three incor- 
porated towns. In addition to Huntsville and Triana, Hazel 
Green had been granted a charter by the Legislature on the 15th 
day of June, 1821, providing a government by a board of trus- 
tees. The first election of trustees was held on the first Satur- 
day in August of that same year, at which all white male citi- 
zens over the age of twenty-one years residing within the 
limits of the town were permitted to vote. The town limits 
were as follows : "Beginning at a marked line on the Meridian 
road, near Robert Irwin's store and running north one-half 
mile so as to include all the space contained in one-fourth of a 
mile east and west of said road."** 

The growth and development of Huntsville was unmistak- 
ably well rounded and proportioned. Every phase of municipal 
life had received its due consideration. Proper provision was 
made to stabilize and render permanent all those institutions 
contributing to the safety and well being of the inhabitants. It 
would appear, however, that in doing so the Legislature was 
called upon to work over time. 

By act of December 10, 1882. Preston Yeatman and forty- 
eight others, members of the "Huntsville Fire Engine Com- 
pany," were chartered as a body corporate, with the manage- 
ment of its affairs in a board of nine directors.*^ 

EDUCATIONAL 

Though much of the attention of her people was devoted to 
their own commercial and professional pursuits, and her mate- 
rial development, Huntsville's educational interests were not 
neglected. During these years numerous excellent private 
schools had been established in all parts of the county. 

The first institution of learning established in the county, to 
receive aid from the State, was "Green Academy." To it a 
charter was granted by act of the Mississippi Territorial Leg- 
islature, on November 25, 1812, with William Edmonson, John 
Braham, William Lesley, James McCarty. Peter Perkins, 
Charles Buris, William Derrick, James Neeley, John Grayson, 
Henry Cox, Bennett Woods, Samuel Allen, Andrew K. Davis, 

b Toulmin's Digest of Alabama Laws, page 836. Edition 1823. 
c Toulmin's Digest of Alabama Laws, page 847. Edition 1823. 



Early History of Himtsville, Ala. 39 

William Evans, and Nathan Powers, as trustees/^ Green 
Academy was the first institution of its character established in 
the Territory. Agreeable to the act chartering Green Acad- 
emy, the trustees held their first meeting at the court house of 
the county on "the Saturday preceding the third Monday in 
April," following, and proceeded "by lottery" for the benefit 
of said academy, to raise a sum not exceeding four thousand 
dollars.*^ Additional trustees for the academy were appointed 
by an act of January 22, 1814. 

These additional trustees were, as named in the bill, David 
Thompson, John Moore, Francis E. Harris, James Manning, 
and Robert Thompson.^* 

On December 13, 1816, the Legislature appropriated for the 
academy the sum of $500 from the funds in the Territorial 
Treasury.^^ This, and the other moneys raised by lottery for 
the construction of academy buildings, remained unemployed 
for some time ; the business of housing the institution not 
being completed till 1819, presumably from a lack of adequate 
funds. 

The aid necessary for the erection of buildings was provided 
by the Territorial Legislature, by act of November 21, 1818,^'' 
whereby the Planters' & Merchants' Bank at Huntsville was 
authorized to increase its capital stock, and sell at public 
auction shares of the same, ninety per cent of the profits or 
excess arising from such sales to enure to the benefit of the 
Academy. By the same act, Lemuel Mead, Henry Chambers, 
Henry Minor, John M. Taylor, Clement C. Clay, and John 
William Walker, were designated as additional trustees. 

The profits accruing to the academy from the sale of said 
bank stock were $2,000.00. This, together with the other 
moneys on hand, was employed — after a brief time — in the 
construction of academy buildings, on the lot now occupied by 
the city school of Huntsville, on the northeast corner, at the 
intersection of East Clinton and Calhoun streets.^^ 

Though without buildings of its own during these years, 
Green Academy had been doing good work in the field of edu- 

13 Statutes of Mississippi Territory, page 56. Edition 1816. 

d This method of raising moneys for public purposes had almost 
universal application, and was frequently resorted to and authorized 
by the Legislature. 

14 Statutes of Mississippi Tei'ritory, page 57. Edition 1816, 

15 /b. Page 453. 

16 Toulmin's Digest of Alabama Laws, pages 45 and 4G. Edition 
1823. 

17 (Huntsville) Alabama Republican, November 10, 1820. 



40 Early History of Htmtsville, Ala. 

cation. For a long number of years it was the only institution 
affording advanced education, in the northern part of the 
State. Here most of the prominent men in this part of the 
country were trained. It was virtually without competition and 
had no peer in its field of service till the State University was 
established and was well under way. 

Nor was the thought and effort of the people in matters edu- 
cational, confined, alone to the tutelage of their youth. Re- 
ligious organizations — of which, more later — and fraternal 
and social societies were yielded their moiety of consideration 
also. And it is not inappropriate to record here that the 
Huntsville Masonic Lodge was the first chartered in the State ; 
having operated continuously under a dispensation from the 
Grand Lodge of Kentucky, granted it in 1811. A legend of 
the times proclaims that General Andrew Jackson, while on 
his frequent visits to Huntsville, often attended the meetings 
of the lodge, held in its present temple, situated on Lincoln 
street at the corner of Williams street. 

Though probably not germane to the subject of education in 
its strictest sense, it is interesting to note the growth of senti- 
ment in opposition to the custom of dueling. As early as 
February lOh, 1807, we find the Legislature of the Mississippi 
Territory memoralizing upon the subject, thus: "Whereas, 
from a false sense of honor, the inhuman, injurious and de- 
testible practice of dueling, has been too often and unhappily 
resorted to, as a mode of adjusting or settling differences of 
small magnitude, between individuals ; and whereas, this bar- 
barous and savage conduct has of late attained a great degree 
of prevalence, to the destruction of the lives of some valuable 
members of society, and involving the feelings of others, who 
from principle and respect for the laws of their country, will 
not engage in this pernicious practice. Be it further enacted, 
etc.,"" therein proceeding to make it an offense against the 
laws of the Territory, and further requiring judges to charge 
the grand juries specially in respect thereto. That the business 
of dueling was done "decently and in order," when conducted 
according to the mandates of "The American Code of Honor," 
which, among gentlemen of the South, was as inflexible as the 
laws of the Medes and the Persians, can be little doubted. And 
the author, at the risk of wearying his readers, takes the liberty 
of here setting out this code in full ; for, perchance, it may aid 

18 statutes of Mississippi Territory, page 219. Edition 1816. 



Early History of Htmtsville, Ala. ^^ 

the future student of history, and be of interest to some who 
scan these pages. 

"The Ame:rican Code of Honor" 
By John Lyde Wilson. 

The Person Insulted, Before Challenge Sent: 

Par. (1). Whenever you beHeve you are insulted, if the in- 
sult be in public, and by words or behavior, never resent it 
there, if you have self-command enough to avoid noticing it. 
If resented there you offer an indignity to the company, which 
you should not. 

Par. (2). If the insult be by blows, or any personal indignity, 
it may be resented at the moment, for the insult to the company 
did not originate with you. But although resented at the 
moment, yet, you are bound still to have satisfaction, and 
must therefore, make the demand. 

Par. (3). When you believe yourself aggrieved, be silent on 
the subject, speak to no one about the matter, and see your 
friend, who is to act for you, as soon as possible. 

Par. (4). Never send a challenge in the first instance, for 
that precludes all negotiations. Let your note be in the lan- 
guage of a gentleman, and let the subject matter of the com- 
plaint be true and fairly set forth, cautiously avoiding attrib- 
uting to the adverse party any improper motives. 

Par. (5). When your second is in full possession of the 
facts, leave the whole matter to his judgment, and avoid any 
consultation with him, unless he seeks it. He has the custody 
of your honor, and by obeying him you cannot be compro- 
mised. 

Par. (6). Let the time of demand upon your adversary, 
after the insult, be as short as possible ; for he has the right to 
double that time in replying to you, unless you give some 
good reason for your delay. Each party is entitled to reason- 
able time to make the necessary domestic arrangements, by 
will or otherwise, before fighting. 

Par. (7). To a written communication you are entitled to 
a written reply, and it is the business of your friend to require 
it. 

Second's Duty Before Challenge Sent : 

Par. (1). Whenever you are applied to by a friend to act 
as his second, before you agree to do so, state distinctly to 



42 Early History of Huntsville, Ala. 

your principal that you will be governed only by your own 
judgment, that he will not be consulted after you are in full 
possession of the facts, unless it becomes necessary to make or 
exact the amend honorable, or send a challenge. You are 
supposed to be cool and collected and your friend's feelings 
are more or less irritated. 

Par. (2). Use every effort to soothe and tranquilize your 
principal ; do not see things in the same aggravated light in 
which he views them ; extenuate the conduct of his adversary 
whenever you see clearly an opportunity to do so, without 
doing violence to your friend's irritated mind. Endeavor to 
persuade him that there must have been some misunderstand- 
ing in the matter. Check him if he uses opprobrious epithets 
toward his adversary and never permit improper or insulting 
words in the note you carry. 

Par. (3). To the note you carry in writing to the party 
complained of you are entitled to a written answer, which will 
be directed to your principal, and will be delivered to you by 
his adversary's friend, if this note be not writen in the style 
of a gentleman, refuse to receive it and assign your reasons 
for such refusal. If there be a question made as to the char- 
acter of the note, require the second presenting it to you, who 
considers it respectful, to endorse upon it these words : "I 
consider the note of my friend respectful, and would not have 
been the bearer of it if I believed otherwise." 

Par. (4). If the party called on refuse to receive the note 
you bear, you are entitled to demand a reason for such refusal. 
If he refuse to give you any reason, and persists in such 
refusal, he treats not only your friend but yourself with indig- 
nity, and you must then make yourself the actor by sending a 
respectful note, requiring a proper explanation of a course he 
has pursued toward you and your friend, and if he still ad- 
heres to his determination you are to challenge or post him. 

Par. (5). If the person to whom you deliver the note of 
your friend declines meeting him on the grounds of inequality, 
you are bound to tender yourself in his stead, by a note directed 
to him from yourself, and if he refuse to meet you, you are to 
post him. 

Par. (6). In all cases of the substitution of the second for 
the principal, the second should interpose and adjust the mat- 
ter if the party substituting avers that he does not make the 
quarrel of his principal his own. The true reason for substitu- 
tion is, the supposed insult of imputing to you the like in- 



Early History of Hiuitsville, Ala. 43 

equality which is charged upon your friend, and when the 
contrary is declared, there should be no fight; for individuals 
may well differ in their estimates of an individual's character 
and standing in society. In the case of a substitution and a 
satisfactory agreement you are then to inform your friend of 
all the facts w^hose duty it should be to post in person. 

Par. (7). If the party to whom you present a note employ 
a son, father or brother, as a second, you must decline acting 
with either, on the ground of consanguinity. 

Par. (8). If a minor wishes you to take a note to an adult, 
decline doing so on the grounds of his minority. But if the 
adult complained of has made a companion of the minor in 
society, you may bear the note. • 

Par. (9). When an accommodation is tendered, never re- 
quire too much ; and if the party offering the amend honorable 
wishes to give a reason for his conduct in the matter, do not, 
unless offensive to your friend, refuse to receive it ; by so doing 
you heal the breach the more effectively. 

Par. (10). If a stranger wish you to bear the note for him, 
be well satisfied, before you do so, that he is on an equality 
with you, and in presenting the note, state to the party the 
relationship you stand towards him, and what you know and 
believe about him ; for strangers are entitled to redress for 
wrong as well as others, and the rules of honor and hospitality 
should protect them. 

The Painty Receiving the Note Before Challenge : 

Par. (1). When a note is presented to you by an equal, 
receive it, read it, although you may suppose it to be from one 
you do not intend to meet, because its requisites may be of a 
character which may be readily complied with. But if the 
requirements of the note cannot be acceded to, return it through 
the medium of your friend, to the person who handed it to you, 
with your reason for returning it. 

Par. (2). If the note received be in abusive terms, object 
to its reception, and return it for that reason, but if it be 
respectful return an answer of the same character, in which, 
respond and openly to all interrogatories fairly propounded, 
and hand it to your friend, whom, it is presumed you have 
consulted, and who has advised the answer, directed to the op- 
posite party, and let it be delivered to his friend. 

Par. (3). You may refuse to receive a note from a minor, 
if you have not made an associate of him ; one that has been 



44 Early History of Huntsville, Ala. 

posted ; one that has been pubhcly disgraced without resenting 
it ; one whose occupation is unlawful ; a man in his dotage and 
a lunatic. There may be other causes, but the character of 
those enumerated will lead to a correct decision upon those 
omitted. If you receive a note from a stranger, you have a 
right to a reasonable time to ascertain his standing in society, 
unless he be fully vouched for by his friend. 

Par. (4). If a party delays calling upon you for a week or 
more after the supposed insult, and assigns no cause for the 
delay, if you require it, you may double the time before your 
reply to him ; for the wrong cannot be considered aggravated if 
borne patiently for some days and the time may have been used 
in preparation and practice. 

Second's Duty of the Party Receiving a Note Before Challenge 
Sent: 

Par. (1). When consulted by your friend, who has received 
a note requiring an explanation, inform him distinctly that he 
must be governed wholly by you in the progress of the dispute. 
If he refuses, decline to act on that ground. 

Par. (2). Use your utmost efforts to allay all excitement 
which your principal may labor under, search diligently into 
the origin of the misunderstanding; for gentlemen seldom 
insult each other, unless they labor under some misapprehen- 
sion or mistake ; and when you discover the original ground of 
error, follow each movement to the time of sending the note, 
and harmony will be restored. 

Par. (3). When your principal refuses to do what you 
require of him, decline further action, on that ground, and 
inform the opposing second of your withdrawal from the 
negotiation.^" 

References: — Brewer's Alabama; Judge Taylor's History of 
Madison County; Northern Alabama; Huntsville Directory 
1859; Parton's Life of Jackson; kindness of many older citi- 
zens ; newspaper files and clippings. 

10 This compilation of tlie Code, by Mr. Wilson, Is very probably 
of a later date than that here dealt with in this chapter, however, 
so far as the author lias been able to ascertain, the fundamental prin- 
ciples of the American Dueling Code have remained unchanged 
throughout all time, and no doubt are the same, even as to detail, 
prevailing during this period. 



Chapter IV. 



ECONOMIC, POLITICAL AND SOCIAL CONDITIONS, 
FROM 1820-1861 

Commercial Development — Historic Landmarks — Economic 

Status of Slavery As an Institution — Transportation. 

Civic and Public Institutions, Religious and 

Educational — Makers of National, State 

and Local History. 



COMMERCIAL DEVELOPMENT 



HAVING, in the chapter just preceding, traced the devel- 
opment and growth of Huntsville from its founding to 
this period, so Aladin-Hke in its brilliancy, the reader 
of these pages will, no doubt, pursue with keen interest 
history's record of her unstayed commercial development. 

As we have already observed, the census of Madison county, 
taken in 1820, showed a total population of 19,565, an increase 
of 5,365 over that of 1816.^ Though this enumeration of the 
county's inhabitants did not reveal what proportion thereof 
were residents of Huntsville, the census of the town taken two 
year's later furnishes a fair basis for estimating its population 
at that date. This census of 1822 discloses that living within 
the corporate limits were : 

White males over 21 308 

White males under 21 188 496 



White females over 21 157 

White females under 21 180 337 



833 



Male slaves 220 

Female slaves 228 448 



1 (Huntsville) Alabama Republican, December 29th, 1820. 



46 Barly History of Huntsville, Ala. 

Free males of color 12 

Free females of color 13 35 



2473 
Total 1 ,306 

Huntsville with a total white population of 833, in these early 
days was a veritable "center of population." No town in 
Alabama, and few in this part of the South, had greater num- 
bers. Nor was the country — as a place of residence — deserted. 
Much of the refinement and wealth of the county was still to 
be found in the spacious and magnificent homes upon the 
plantations. 

The county, according to statistics of Alabama, gathered in 
1821, had within its limits twenty-two doctors, and (nothwith- 
standing this) 1,520 free white males subject to poll tax. The 
assessed value of time-pieces belonging to the inhabitants was 
$9,264.25, there being in the county fifty-six gold and one 
hundred and ninety-nine silver watches and thirty-six clocks.^ 
The number of doctors, polls taxable, and the chattels men- 
tioned, being three times greater than that of any other county 
in the State. 

The commercial interests of the community developed apace 
with its advance in population, and a healthy condition of 
thrift and prosperity attended all business interests. 

Diversified industry was not lacking; every character of 
enterprise from the brewing of beer, by W. M. McNeil & Co.,* 
to the tanning of leather, by Martin Miller, was to be found 
here, including Keys' & Wells' "New Boot and Shoe Manu- 
factory,"^ and the "Huntsville Hat Manufactory," operated by 
R. H. Champion on Bank Row f also "Watch and Clock Mak- 
ing," by Thomas Cain & Co. -^ as well as the manufacture of 
"copper stills,"^ which, judging from the number of firms en- 
gaged therein, were in pretty general use. In addition to these 
industries, others, similar in nature, were operated by competi- 
tors of the firms just named. Many others of varied and dif- 
ferent character, supplied the needs of this part of the State. 

2 (Huntsville) Alabama Ropuhlican. June 21, 1822, 

3 (Huntsville) Alabaniii Republican, March 3, 1821. 

* (Huntsville) Alabama Republican, September 29, 1820. 

5 (Huntsville) Alabama Republican, December 29, 1820. 

« (Huntsville) Alabama Republican, January 18, 1822. 

T (Huntsville) Southern Advocate, June 10, 1825. 

s (HuutsviUe) Southern Advocate, June 16, 1826. 



Early History of Huntsville, Ala. 



47 



Only within the past few years — relatively speaking — have 
candles, as a means of lighting the home, been superseded. 
During these years there was great demand for them, and to 
supply this demand a "Candle Manufactory," was operated by 
I. Windham, on the lot opposite the present county jail, at the 
intersection of East Clinton and Green streets, on the south- 
west corner.^ Pumps were also manufactured here, to be used 
in connection with the water works ssytem already established 
at Huntsville.^*' Just how patrons of the water system used 
these pumps, the author is at a loss to explain. 

The census was again taken in 1825, and there were found 
to be within the town limits : 

White males over 21 308 

White females over 21 170 478 

White males under 21 219 

White females under 21 229 448 

926 

Free persons of color 44 

Slaves 542 586 

Total "1,512 

These figures show an increase over the count of 1822 of 
206, however, it will be found, upon reference, that the male 
population over twenty-one years of age, is exactly what it was 
in 1822, while the females of the same class are fewer by 
eleven, and that the increase is in the infant and colored popu- 
lation. 

A relatively similar state of affairs is revealed by the census 
of 1828, which accredits to Huntsville : 

White males over 21 313 

White females over 21 165 478 

White males under 21 267 

White females under 21 263 530 

1,008 

8 (Huntsville) Southern Advocate, March, 1831. 

10 (Huntsville) Southern Advocate, May 18, 1827, and March, 1833. 

11 (Huntsville) Southern Advocate, April 7, 1826. 



48 Early History of Huntsville, Ala. 

Free people of color _ 47 

Slaves „ 719 766 



Total ^-1,774 

Though at this immediate period Huntsville's adult white 
population was of slow growth, the birth rate would appear 
to have been such as to gratify the most exacting. While the 
white population did not increase with any great rapidity, let 
us remember that the county was fast filling up with new 
comers, and becoming thickly settled in its more remote sec- 
tions. The establishment by the Government of post roads, 
contributed in no small measure to the accomplishment of this 
end. 

As early as 1880, provision had been made for the consump- 
tion of the cotton crop of this and adjoining counties, by the 
conversion of the raw product into yarn ; as appears from an 
interesting advertisement in the (Huntsville' Alabama Repub- 
lican, of September 29, 1820, which is here copied : 

"Cotton Factory.'' 

"The proprietors of the Cotton Factory at Haughton's Mill, 
near the Three Forks of Flint River, would inform the inhabi- 
tants of Madison and adjoining counties, that they have made 
some additions to their machinery, and have constantly on 
hand an assortment of spun cotton, which they will exchange 
for good, clean seed cotton on accommodating terms. 

Horatio Jones & Company."^^ 

The author has been unable to determine just where "near 
Three Forks of Flint" this factory was located ; whether on 
the west fork, just before it joins the north fork, or a short 
distance south of the confluence of these two forks. It is 
certain, however, that water furnished the motive power for 
this factory. 

During the first fifteen years of this period there were erect- 
ed some large factories, which turned out in quantities, far in 
excess of the demands of the local market, commodities neces- 
sary to the industry and life of the South. 

In the early part of 1834, a plant for the manufacture of 

12 (Huntsville) Southern Advocate. April 18, 1828. 

13 (Huntsville) Alabama Republican, September 29, 1820. 



Early History of Huntsville, Ala. 49 

plows was owned and operated by E. T. & R. Parker,^* This 
firm enjoyed an extensive business for a number of years, and 
supplied the trade over an extended territory. 

During the later part of this period, new enterprises con- 
tinued to invade the field of industry. One of these, greater 
in magnitude than many such which had been in operation 
here for years, was a coach factory, established some time 
prior to April, 1851.^° 

The most noteworthy single industrial development of the 
times, was the "Bell Factory." Though cotton had, as we 
have seen, been converted into yam for domestic uses, not 
until 1832, when "Patton-Donegan & Company" was incor- 
porated for the manufacture of cotton cloth, was the raw prod- 
uct converted on a large scale for commercial purposes. The 
company's plant was situated about ten miles northeast of 
Huntsville, on its own lands, very extensive in area, at what 
is now Bell Factory, on Flint river, a short distance south of 
the confluence of the three forks of Flint, at the bridges. 
The power used in the operation of the three thousand spindles 
and one hundred looms of this mill, was that furnished by 
damming the water of Flint, and forcing them over a wheel or 
turbine. Steam not being used in its operation, signals could 
not be given by whistle, and in lieu thereof a large bell was 
used ; hence the name "Bell Factory." This was the first cot- 
ton manufactory of any consequence in the South. Slave labor 
was used almost exclusively in its operation. In later years, 
economic forces, too patent and numerous to discuss here, 
drove this industry from its field of usefulness, and its opera- 
tion was discontinued, though at the present time the old 
building stands. 

To summarize, at the close of this period, Huntsville had three 
weekly papers : Southern Advocate, Huntsville Independent, 
and Huntsville Democrat ; four architects, twenty-four lawyers, 
three brick manufactories, three hotels, twelve doctors, a bank 
with a capital of $500,000 ; seven schools, two stage lines, two 
civil engineers, two saloons, one cotton and woolen manufac- 
tory, one cotton gin manufactory, one flour milV and other 
industries and enterprises too numerous to mention. However, 
these alone will suffice to show the thrift and stability of the 
commercial development of Huntsville. 

14 (Huntsville) Southern Advocate, July 1, 1834. 

15 (Huntsville) Southern Advocate, April 7, 1851. 

16 Huntsville Directory, 1859. 



50 



Early History of Hnntsville, Ala. 



HISTORIC LANDMARKS 

Much of the wealth, culture, and refinement of the times was 
to be found here. Expression of the aesthetic in Huntsville's 
domestic life was given full vent, as is mirrowed in the elegant 
and commodious residences erected in the early days. 

Many of these edifices, the architecture of which is so strik- 
ing in its grandeur and beauty, yet so appealing in its sim- 
plicity, still mark the places of their erection. We might pursue 
the study of this art of graceful expression which we choose 
to term aflFectionately, even boastingly, "Southern architec- 
ture," with some interest and much profit, but suflfice it to say, 
these products of that art are monuments to the skill and 
ability of its executors. Few parts of the State, if any, equaled 
Huntsville in wealth of handsome homes. 

In 1815 there was erected amid a grove of splendid oaks, 
on the southwest side of town, on what is now Oak avenue, 
probably the handsomest home in the State, for a number of 
years. The spacious lawn in front of this elegant abode was 
decorated with beautiful formal gardens, and winding ap- 
proaches to the entrance were hedged about with rows of 
dignified box. The beauty and charm of this place — known 
of all times as "The Grove," is still impressively evident, even 
to a casual observer, though time has not dealt gently with this, 
the habitat of the Davis family. 

Almost at this same time was under construction the home 
of Col. Leroy Pope, which occupied the eminence of a jagged 
and picturesque bluflf, just north of the present intersection of 
Adams avenue and Williams street, now known as Pope's or 
Echol's Hill. The brick for the house were manufactured in 
Tennessee, and shipped on flat boats down the Tennessee river 
to Ditto's Landing, from whence they were hauled by wagon 
to Huntsville. As do the tropics produce a race of men diflFer- 
ent in habits of life, character and aspirations from those of a 
more temperate zone, so it would seem that this domicile of 
Leroy Pope, and later of Leroy Pope Walker, occupying as it 
did, the most exalted and commanding position in the town, 
furnishes a replica of the personalities and achievements of 
these two leaders of the thought and action of their times. 
Posterity may view with profitable concern this, the residence 
of the first Secretary of War of the Confederate States of 
America, for time has not dealt unkindly with it. He it was 
who issued the order to fire upon Fort Sumter in 1861. 



Early History of HuntsviUe, Ala. 51 

Through these years, many other notable residences were 
erected, too numerous to here depict ; however, it is worthy 
of comment that the home of the late Col. W. W. Garth, on 
the east side of Franklin street, was completed in 1820, by 
Dr. Thomas Fearn. Contemporaneously, the Clay residence 
on the north side of Maiden Lane, was built. Here lived 
Senator Clement. Comer Clay; here also was born and reared 
his even more illustrious son, Clement Claiborne Clay, who 
became United States Senator, resigning his seat in that body 
to enter the same legislative council in the Confederate govern- 
ment. 

Probably the most worthy exponent of "Southern architec- 
ture," the truest of the type produced by that noble art, is the 
Beirne home, on the south side of Williams street, opposite 
the intersection of Green street. This magnificent edifice, 
erected in 1837, at a cost of $33,000.00, and the expenditure 
of nine years of labor is, in its present wonderful state of 
preservation, in the opinion of many worthy critics, the most 
expressive exponent of the grandeur, dignity and unadorned 
beauty and simplicity of the times, now extant. 

Next to this stately structure, which was erected by Governor 
Thomas Bibb, for his daughter, Mrs. James Bradley, Henry 
Minor had built his home on the west side thereof, upon the 
lot now occupied by the residence of the late Col. A. S. 
Fletcher. The Minor home, similar in style and character to 
the Beirne residence, was removed a few years ago to make 
place for the present beautiful modern structure. 

Many beautiful homes had also been erected throughout 
the county. One of the earliest of these, yet well preserved, 
is the Robinson home on the west side of Meridian Pike, built 
in 1835. 

Nor was the aesthetic in the civic and commercial life of the 
town neglected. On July 5, 1835, the erection of Madison's 
second temple to the Goddess of Justice was commenced, and 
in 1836, at a cost of $52,000.00 was completed. The graceful 
lines and enduring architecture of the old court house, con- 
ceived after the Parthenon at Athens, which expressed the 
acme of perfection attained by the ancients in this art, was a 
monument to the skill and ingenuity of George Steele, a local 
architect of no mean renown. Messrs. William Wilson and 
James Mitchell were the contractors. The materials for the 
building came from the county. The brick were made by the 



^2 Early History of Huntsville, Ala. 

contractors on the lot to the rear of the present jail, while the 
white and blue limestone rock used in its construction were 
quarried from Monte Sano, and Russell's Hill, respectively. 

This noble structure, upon whose bench and at whose bar 
had appeared many of the greatest lawyers known to the State ; 
and whose four walls had oft resounded with the most burning 
and purposeful oratory of all times, so eloquent in its pathos ; 
this shrine of justice upon whose alter sacrifices of injustice 
were offered, by an alien and unsympathetic government, 
during the dark days of Reconstruction, in its efforts to force 
the Caucasian race to pass beneath the yoke of Ethiopian 
supremacy, was rased on July 5, 1915, after a usefulness of 
seventy years. 

When the first court house was torn away in 1835, the 
market house, which up to this time had occupied its basement, 
was removed to the east side of the square, where a brick 
structure housed it, situated somewhere upon the property 
where the Holding block now stands. 

Some time in 1832 use of the old wooden jail was discon- 
tinued, and a new one of brick, more in keeping with the 
tendencies of the times, was erected, upon the site occupied 
by the present bastile. , 

The home of the First National Bank, so striking in its dig- 
nified simplicity, is no less a monument to the talent of George 
Steele, than was the old court house. This striking edifice, 
which lends so much of character to the community, was 
erected in 1836, at a cost of $76,000.00. as the abode of the 
Huntsville branch of the State Bank.^'' It is said to have been 
far and away the handsomest building in this part of the South. 

ECONOMIC STATUS OF SLAVERY AS AN INSTITUTION 

We are not interested to know the mere fact that slavery as 
an institution was nurtured upon our soil ; but, we are con- 
cerned with the inquiry as to the status of the same as such. 

As we have previously observed, the slave population of the 
town and county grew with marked rapidity. This is explained 
by the fact that great numbers of slaves were brought into the 
county and sold in the open market, especially during the early 
part of this period. Many of these slaves had some degree of 
intelligence and had acquired limited manual and domestic 

17 An Itemized statement of the total cost of this building can be 
found In the Southern Advocate of January 20, 1836. 



Barly History of Huntsville, Ala. 53 

training; many more were merely plantation hands; seldom, 
if ever, having come in touch with the civilizing and uplifting 
influences attendant upon service about the home of the master. 
The former class longed to return to the haunts of their child- 
hood, and mingle again among their companions "back on the 
old plantation." Those of the latter class, many of whom very 
probably were neither born nor reared in slavery but were sold 
into servitude, chafed under the restrains of regular labor 
among companions, who in some instances could neither un- 
derstand, nor be understood by them. By this time, the menace 
of the Indians to the fugitive slaves, was largely a thing of 
the past ; they having withdrawn from this part of the country, 
except in rare instances. 

No source of information is more reliable and enlightening 
than records contemporaneous with the matter under consid- 
eration. None such is more comprehensive than a newspaper 
file of the times. It is to this latter source that the author has 
turned in an effort to grasp the spirit of the times and its 
attitude toward slavery as an institution. Throughout the 
first fifteen years of this period, the papers carried many 
advertisements for "runaway slaves," similar to the few here 
quoted : 

"$100.00 Reward." 

"Ran away from the subscriber, Oct. 1, 1819, an African 
negro man, named "Jack;" 33 years old, speaks bad English, 
but may be understood." 

"William Whitesides."^^ 

"$150.00 Reward." 
"Three negro fellows. Will probably return to Virginia, 
from whence they came."^^ 

"Ran Away" 

"Negro man named "Bob;" will probably make for the 
Cherokee or Choctaw Tribes."^^ 

Each of these advertisements and others similar thereto, 
was accompanied by the rude cut of a negro, male or female, 
as the case was, in a fleeing posture; and in some instances 
by more elaborate cuts depicting the fugitive with a stick 
across the right shoulder, on the end of which was carried 
a small bundle tied up in a bandana handkerchief. 

18 (Huntsville) Alabama Republican, September 22, 1820. 
10 (Huntsville) Alabama Republican, October 6, 1820. 
20 /b. 



54 



Early History of Huntsville, Ala. 



The most striking feature of these advertisements is the 
total absence of any description of the escape, whereby he or 
she might be recognized. None was needed and none was 
given. This for the very sufficient reason that, throughout the 
entire South, where slavery existed, a more or less competent 
and comprehensive patrol system was maintained. No slave 
was permitted off the premises of the master, and only in rare 
instances out of his slave quarters, without a special permit. 
Free negroes were scarce, and usually well known. Hence, we 
see the matter of capturing a fugitive slave resolved itself into 
the simple office on the part of the patrol to take up any negro 
seen upon the highway, day or night, unattended by some per- 
son in authority. Nor was it an easy matter for a run-away to 
travel across country ; since, in doing so he almost invariably 
came in contact with some slave overseer, or owner, to whom 
he was unknown ; whereupon he was promptly arrested. To 
the escape, the difficulty in getting food was no inconsiderable 
obstacle. To obtain it he was almost necessarily compelled to 
approach some white man, or his habitation. There were few, 
if any, negro homes about the country. The tendency, if any 
there was, to assist an escape was discouraged and effectually 
checked by the laws of the land, which made it a crime to aid 
or abet a fugitive slave. These, and other statutes of a similar 
character, effected to make of every citizen, more or less, a 
member of this patrol force. 

If, perchance, the slave arrested was a fugitive, he was 
returned to his master, who administered appropriate punish- 
ment. If not a fugitive but merely a prowler without permis- 
sion, which was rarely granted, he was taken back to his quar- 
ters, where he received commensurate correction at the hands 
of the overseer or master. Recognition of the dangers of being 
caught abroad after dark, is made by the negroes themselves, 
in their folk songs, which contains more of melody than of 
sentiment ; the chorus of which is : ''Run Nigger ! Run, the 
Pattirol 'ill git you." 

The summary manner in which the slave larcenist was dealt 
with, is portrayed in the following terse news item appearing 
in the Alabama Republican, of September 22, 1820 : 

"Collins, convicted of negro stealing, has been sentenced to 
be executed on the first Friday in December." 

In addition to the sale of negroes brought into the county, 
the local market was kept pretty active through the desultory 
selling of slaves, in small numbers, by the citizens ; not as slave 



Barly History of Huntsville, Ala. 55 

traders, however, but merely the biiyino- and sellinc^ in orttmary 
business intercourse as of any other chattel. 

The advertisements of slaves offered for sale go more into 
descriptive detail than do those offering rewards for fugitives ; 
at least as to the good points of the subject; as appears from 
the following taken from the numerous instances found in the 
newspapers of that day : 

"A Negro for Sale/' 
"Will be sold on Monday, April 27th, next, for cash, at 
auction, in Huntsville, a likely negro girl."^^ 

"For Sale/' 
"Two likely negro boys, from twelve to fourteen years old. 
Also a woman, age about thirty-five, a trusty servant, good 
cook, washer and ironer. For terms apply to : 

A. D. Veitch/'-2 

By the end of 1835, conditions seem to have changed. The 
papers of this period rarely carried advertisements of escapes. 
Striking in comparison, notices of sales were likewise infre- 
quent. 

During the year of 1830, the sentiment rapidly forming at 
the North for the abolition of the institution of slavery, was 
spreading, and had become a matter of interest and concern to 
our people. Societies were being formed throughout the East 
for the promotion of the cause. Chiefest among these was 
the "American Colonization Society." which had many branches 
and auxiliaries, such as the "LaGrange Colonization Society."-^ 

That the East was the breeding ground for these societies 
and such sentiments, — laudable or otherwise, the author does 
not assume to judge — causes us little less surprise than does 
the knowledge that no such organizations became overt and no 
such sentiments were enunciated publicly till slavery had ceased 
to exist as an institution upon its own soil. 

Had this movement to free slaves, the advisability of which 
had been up for discussion and thoughtful, even almost favor- 
able consideration by the South's leaders in economic and 
political life, come from a quarter other than that from which 
many of the slaves they now sought to liberate had been pur- 
chased and paid for, the South, no doubt, would have been 
more sympathetic and less suspicious of the good faith and 

21 (Huntsville) Alabama Republican, March 16, 1821. 

22 (Huntsville) Alabama Republican, September 15, 1820. 

23 LaOrange, Franklin count}', Alabama. 



Early History of Huntsville, Ala. 



honest motives of those so vociferously clamoring. The osten- 
sible and avowed purpose of all these abolition societies was to 
liberate slaves, not at an economic loss to the South, but grad- 
ually and systematically. Slaves so freed were to be trans- 
ported to Africa, and there colonized under a government of 
their own establishment. Toward these ends the South was 
not hostile. 

Strange to say, as early as 1830, Huntsville papers began 
the publication of matter condemnatory of slavery. True 
enough, editorials to this effect were rare, yet not infrequently 
in the news columns were to be found lengthy items anent the 
work of these societies. In the Southern Advocate of May 1, 
1830, there appeared two ponderous articles, copied from the 
Washington Spectator ; one of which applauded the proposed 
"good work" of the American Society, stating at length its 
proclaimed purposes ; the other similar in its tendencies, though 
not so general, exclaiming praises for LaGrange, Franklin 
county, Ala., where a chapter of the parent society had been 
formed. From this day forward, articles endorsing the work 
of the society and lauding the movement appeared from time 
to time, and not infrequently in the local papers. Most of these 
items, however, were extracts from foreign papers. 

At all events, this constant propagation of these panegj^ics 
had its effect, locally; for some time in 1832 an auxiliary of 
American Colonization Society was organized at Huntsville; 
the meetings being held in the Presbyterian Church. Member- 
ships in this society were held by some of Huntsville's most 
prominent men ; a goodly number of her citizens were counted 
among its sympathizers and attended its meetings. The offi- 
cers of this branch were : M. S. Watkins, president ; Thos. 
Fearn, W. I. Adair, A. G. Vaughan, A. F. Hopkins, vice- 
presidents; C. P. Clifton, secretary; John Martin, treasurer; 
R. L. Fearn, D. M. Wharton, E. Picket, J. G. Birney and S. D. 
Morgan, managers.-* 

Regular orthodox "abolition" speeches were the order of the 
day when this society met. Its members were unstinted in 
their accusations against the institution of slavery, as one of 
"injustice and cruelty." The public expressions of E. R. Wal- 
lace and James G. Birney, were characterized by vindictive 
denunciation of the whole system. 

A kindly spirit of indulgence, even sympathetic attention, 
was accorded the abolition movement and its supporters, in 

24 (Huntsville) Southern Advocate, September 29. 1832. 



Early History of Huntsville, Ala. 57 

Huntsville, and generally throughout the whole South. Not 
until it became evident that the aims of these societies were 
ulterior to those proclaimed for them, did this attitude change. 
This difference in sentiment was brought about by a realization 
of the fact that the paramount object of these societies was not 
the colonization of the slave, but his liberation by force, by 
aiding him to escape or inciting him to rebellion. The social, 
economic and political status of the South was thus menaced 
with the rude ignorance of a race of servitors, who had never 
invented any effectual weapons of defense or destruction, and 
then, seemed so incapable of comprehending any extensive 
plans of government. Probably, this altered condition of the 
public thought was aroused by the approach of the threatening 
storm at an earlier date in Huntsville than anywhere else in 
the South. For the reason that the usual placid condition of 
the South generally was being irritated to an unprecedented 
degree, just at this time, by the attitude at the North toward 
the Nullification Acts passed by South Carolina. Not that 
the South applauded the stand taken by Carolina, but because 
of the fact that the tendencies of the discussions indulged in the 
East and North, questioning, by innuendo, at least, the sacred 
doctrine of States rights, seemed to presage a conflict that 
would ultimately involve state as against national sovereignty, 
thereby, incidentally, threatening the institution of slavery. In 
addition to this, a more local cause was to be found at Hunts- 
ville, in the person of James G. Birney, the arch "agitator" 
and uncompromising "dictator" of the whole wretched busi- 
ness. Birney later became the first candidate for the presi- 
dency of the United States on the abolition ticket. 

The caldron having begun to boil, editorials in answer to 
abolition speeches made in Alabama and elsewhere, were not 
infrequently seen in the papers. Many and heated were the 
discussions in the press as to South Carolina and her Nullifica- 
tion Acts. These, as a general thing, were condemnatory of 
Carolina's proposed action. At first, the almost universally 
outspoken sentiment in Huntsville and other North Alabama 
towns, as expressed by resolutions passed at mass meetings 
held for the purpose, was : 

"Condemning the action of South Carolina and pledging 
themselves for the support of the Union." Later, when it 
became manifest that the North, as a political section of the 
country, had neither respect nor regard for the obligations of 
constitutional government, the very foundation stone of which, 



58 Early History of Huntsville, Ala. 

as it then existed, was state sovereignity, and even less of a 
sympathetic understanding of the South's economic status, this 
accusing of South CaroHna gave place to a feeling of sympa- 
thetic toleration. 

In 1833, locally, at least, this manifestation of public con- 
cern reached the height of its intensity ; due in no small meas- 
ure to the pernicious activities of Mr. Birney. 

By this time, he had become an out-and-out advocate of the 
total and immediate abolition of slavery, and his public expres- 
sions would indicate a desire on his part to "out-Herod Herod." 
Having already responded with alacrity, to the Macedonian 
call, by accepting a commission from the American Coloniza- 
tion Society as its "General Agent for the States of Tennessee, 
Alabama, Mississippi, Louisiana and Arkansas Territory." He 
dallied, however, sufficiently long to reweld the shackles upon 
his numerous slaves, by selling them into continued servitude. 

On May 21, 1833, he commenced the publication of a series 
of fifteen letters to the public, through the columns of the 
Southern Advocate, for the avowed purpose of "explaining 
the aims and intentions of the American Colonization Society." 

The "African Repository," the official journal of the society, 
records and makes mention of only seven of these letters. This 
same mistake is made by the narrator of "The Life and Times 
of James G. Birney." However, it has been the author's good 
fortune to unearth the remaining eight, from among the files 
of the (Huntsville) Southern Advocate of 1833. It is to these 
latter letters, that the future student of history must and will 
turn with an acute interest, in order that the "Life and Times 
of James G. Birney" may be understood and interpreted amid 
the proper lights and shadows. The known existence of these 
other letters is of more than ordinary concern to Huntsville ; 
for thereby she is furnished unimpeachable evidence with which 
to combat the maligning statements made about her and her 
people in that colossal misrepresentation of fact, "The Life and 
Times of James G. Birney." To one who has searched the 
files of all of Huntsvillc's newspapers of those times, and 
found account of only one "drinking and shooting brawl," or 
chronicle of murderous or disorderly conduct, (not to mention 
having read all and particularly the fifteenth of Birney 's let- 
ters, which latter one is unmistakable in its admissions), it 
comes as a great surprise that the son of this man, in writing 
of his "Life and Times," should seek to create the belief that 
his father left Huntsville because moral conditions were so 



Early History of Huntsville, Ala. 59 

depraved, and shooting and drinking brawls so frequent that 
one's life was not safe there. 

Just why the American Colonization Society, recorded in its 
circulating medium the "African Repository," but the first seven 
of these letters of its general agent, for whom the highest regard 
was held at the North, is unexplained ; unless it be that the latter 
eight, hurling venom-coated invectives, with unabashed spleen 
at the entire South and her institutions, revealed all too clearly 
and with embarrassing and damning frankness, the true senti- 
ments it vouched for, and the doubtful sincerity of its avowed 
purposes. At all events, these letters were evidently suppressed 
by the society itself in advance of the suppression of their 
continued publication at Huntsville, of which, more later. 

The first of these letters appearing, as we have observed, 
on the 21st day of May, 1833, was mild and gentle in its ap- 
proach to the subject discussed, and was little more than an 
introduction of those to follow. The second informed the 
public that the "Society seeks support by the exhibition of facts 
through the press, auxiliary societies, and authorized agents," 
that unanimity was not to be expected, suggesting the temper 
with which the investigation should be conducted. "Objection 
in the South that the colonization plan originated in the free 
states," "Sentiment of distinguished gentlemen at the North," 
"Objects of the abolitionists examined," were the subjects 
considered in the third, fourth and fifth installments, respec- 
tively; while the sixth and seventh were continuations of the 
fifth ; the remaining eight, by degrees contained more of bile 
and less of balm. Their author finally dealt rudely and not 
impersonally with the South and its institutions, until the fif- 
teenth was reached on August 20, 1833. In this he reveals 
that he had many more such to publish, but at the request of 
Huntsville's citizens he would discontinue the discussion ; clos- 
ing with the expressions of regret that this course had become 
necessary. 

Mr. Birney was one of Madison's representatives in the first 
State Legislature, which met here ; and from time to time had 
been honored with positions of trust and confidence by her 
people, who had both respect and regard for him. 

But this prophet Birney, for he was "not without honor save 
in his own country ;" this Joshua, who, thought to "teach the 
planets in what orbs to run, reform old time, and regulate the 
sun," by his letters, conduct and public utterances, produced a 
revulsion of sentiment among his former friends and adherents. 



^ Early History of Huntsville, Ala. 

Now, they no longer gave heed to him. This "abolitionist" 
and "dictator," who, under the pretense of "Colonizing the 
free people of color of our country upon the continent of 
Africa; ("the plan to embrace those who are now free, their 
descendants and such slaves as may hereafter be manumitted 
voluntarily by their owners, or, in accordance with the laws of 
any of the states" ),^^ had gained the sympathetic assistance 
of Huntsville's citizens. Birney, having become generally ob- 
noxious, hied himself to more congenial climes — by invita- 
tion. "Wisely he sought some other shore, where those who 
knew him less might praise him more." Accordingly, in the 
early part of 1834 Mr. Birney took his departure for the North, 
where he became a leader of thought and action concerning the 
abolition of slavery. While a resident of Huntsville, Mr. Bir- 
ney occupied the brick house, now the home of Hon. Ben. P. 
Hunt, situated on the north side of East Holmes street, oppo- 
site its intersection with North Lincoln street. 

With the going of Birney, the last of the disturbing influ- 
ences was removed, for by this time the Nullification Acts of 
South Carolina had ceased to occupy the public mind. Undi- 
vided attention was again turned to internal and commercial 
improvement and development. 

During the remainder of this period, advertisements for 
escapes and sales of slaves were conspicuous by their absence ; 
though from time to time discussions of slavery appeared in 
the local press. 

This tranquillity of the public mind remained undisturbed 
until about 1851, when we again find the South's attention 
immersed in a more pressing consideration of the subject. In 
the columns of the press frequent editorials were to be found, 
condemning "abolitionists" and "disunionists," advising the 
one to "keep their head," and the other to "keep their eye."-* 
Many editorials discussed and attempted to define the causes 
tending to promote "disunion." The outspoken sentiment of 
the times was of the deepest and bitterest reproach for both. 

About August G, 1851,-^ under authority of law, an election 
was held, to ascertain the sentiment of the county toward 
"Secessionists, agitators and dictators," which resulted in an 
overwhelming denunciation of all. At this same election the 

215 African Repository, Vol. 9, page 171. 

2<i (Huntsville) Southern Advocate, year of 1851, and other local 
papers. 

27 /&. August G, 1851. 



Early History of Huntsville, Ala. 61 



proposition of increasing the public subscription to the further 
development of the Memphis and Charleston Railroad, was 
submitted, as aforesaid. 

The attitude of the North toward South Carolina revitalized 
and became again an acute irritant. The people throughout 
this section pitied but did not approve South Carolina's stand. 
Pointed editorials were written censuring the North for its 
treatment of her. 

The scope of this work is far too limited to attempt any- 
further or more detailed analysis of this subject generally, 
upon which many volumes have been written and many more 
might well be written, but suffice it to say, from this time for- 
ward history, locally, is largely the same as that of the South 
generally. 

TRANSPORTATION 

As did the ancients, so have all races throughout every age, 
depended upon their waterways for transportation. 

Being settled before the day of railroads, Huntsville and 
Madison county, likewise had recourse to the rivers and larger 
streams, with which this territory is so abundantly supplied, 
for commercial intercourse with the outside world. Almost 
contemporaneously with the production of cotton in the county, 
Flint and Paint Rock rivers were used to transport this com- 
modity to the New Orleans market. 

Flat boats or barges were loaded with cotton and floated 
down these streams to the Tennessee river, and there reloaded 
on to larger boats, which proceeded to New Orleans. Often 
times these river barges, when discharged of their cargoes, 
were reloaded with provisions and supplies for the settlement, 
and then poled or pushed back up Flint and Paint Rock rivers 
to the starting point. 

Those sections of the county not contiguous to either of 
these streams, hauled cotton by wagon to Ditto's Landing and 
Triana, upon the banks of the Tennessee, where it was stored 
on large flat boats to await the coming of the freshets, usually 
in the spring. It was necessary to hold the cargoes till the 
river rose, in order that the boats might be floated over Muscle 
Shoals. Pilots were taken on at Ditto's Landing or Decatur, 
and remained with the crew till the rough waters at the shoals 
had been passed. For which services they usually received 
from $175.00 to $200.00. After crossing the shoals, these 



62 Early History of Himtsville, Ala. 

river navigators would leave the boat to proceed on its trip 
to New Orleans, and walk back to the shipping point, from 
whence they had embarked. Usually two trips a year were 
made by each pilot. The expense to the freighter of trans- 
porting to market a cargo of cotton, consisting usually of four 
hundred bales, was approximately $600.00. The carriage charge 
to the shipper was from $4.00 to $5.00 per bale, and he as- 
sumed all risks of loss by water. This river navigation fur- 
nished the only means of transportation until the coming of 
the railroads to this section many years later. These were 
the boom days for Triana. Many cotton freighters maintained 
offices there. Judging from the many firms engaged in this 
business, competition was very keen. Nor was the local mar- 
ket alone, relied on to supply the freight, as appears from some 
of the advertisements in the local papers of that day, for 
instance : 

"Lyn, Parker, Real & Hardie will ship cotton from any 
point on the Tennessee river, provided the cotton is there for 
the first rise in water."^^ 

"Linsay & Toney will ship cotton from any point on Tennes- 
see river above shoals. "^^ 

All such notices were published in connection with the cut of 
a somewhat pretentious steamboat loaded with cotton. How- 
ever, cotton was not represented by bales of the present type, 
but by great oblong bags such as are now used for uncarded 
wool. 

"All roads lead to Rome." This was equally true as to 
the Tennessee river. So, also, many roads tapped Flint river. 
These were the days when transportation by rail was not 
dreamed of; when navigable streams in proximity to a town 
gave it supremacy, and lasting supremacy, as then thought, 
over all other towns not so situated. 

The feverish speculation in land having subsided, there fol- 
lowed naturally in its wake development of the county's re- 
sources, and internal improvements. Great was this activity. 
By 1828 the county had become a perfect network of roads, 
connecting on all sides with those from other sections of this 
and the adjoining State of Tennessee. This would seem to 
indicate that its citizens fully appreciated the commercial su- 
premacy Huntsville was surely destined to exercise, by virtue 

28 (Huntsville) Alabama Republican, September 15, 1820. 

29 /b. 



Early History of Hiintsville, Ala. 63 

of its nearness to the river; not to mention the certainty of 
transportation on the Big Spring Canal ; and to this end had 
made ready. Nor were all these highways unimproved. Many 
of them were "toll or turn-pike," built by stock companies, 
chartered by the Legislature. Notices similar to the one here 
set out, were published in the papers not infrequently : 

"I shall petition the next Legislature for leave to make a 
turn-pike road from Huntsville to Beaver-dam Fork of Flint 
on the Meridian road, and to receive a toll that shall be a fair 
compensation for my expense and labor. J. Renn,"^" 

Though the author has been unable to locate a plat of the 
town as originally laid out, there is of record in the office of the 
probate judge of Madison county, in deed book "K," page 
129, a sketch of the "prison limits" of Huntsville, prepared in 
1836. This drawing furnishes a reasonably good map of the 
road system leading into the town, and is inserted for that rea- 
son. See following page. 

Leading thoroughfares were from time to time designated 
by the Federal Postoffice Department, as post roads or mail 
routes, and by virtue of such selection became the main high- 
ways between the "great centers of population." 

The earliest establishment of any comprehensive system of 
these post roads leading to and from Huntsville as a center, 
was on July 16, 1822, when R. J. Meigs, Jr., Postmaster Gen- 
eral, issued an order creating the following routes : 

304. From Huntsville to Triana, Mooresville, Cottonport, 
Melton's Bluff, or Marethon and Courtland to Russellville, 
three times a week, seventy-seven miles. Leaves Huntsville 
every Monday, Wednesday and Friday, at one P. M., and 
arrives at Russellville on Tuesdays, Thursdays and Saturdays, 
at eleven A. M. ; and vice versa from Russellville to Hunts- 
ville.^^ 

305. Leaves Columbus Tuesdays, Thursdays and Saturdays 
at one P. M., and arrives at Huntsville, Wednesdays, Fridays 
and Saturdays at 11 A. M.^^ 

308. From Huntsville by Hillsboro and Hickory Flat to 
Winchester, Tennessee, once a week (a distance of fifty-two 
miles). ^^ 

30 (Huntsville) Alabama Republican, September 22, 1820. 

31 (Huntsville) Alabama Republican, August 16, 1822. 

32 /b. 

33 (Huntsville) Alabama Republican, August 16, 1822. . 



64 



Early History of Huntsville, Ala. 



309. From Huntsville to Jackson Court House, once in two 
weeks, forty-six miles.^* 



FRISON BOUNDS 

DF THE CITY DF 

HU NTSVILLE. ALABAM A 

//itTrfc Pee/ CS 

Scfitc mhe.rZbtBZS. 

Oe.e>ti Jie.Q.tn'd. 










-v""^>-^'?^'^. 



;U0. From Huntsville to Gaines Meads, Blount Court House, 
Jonesboro, etc., to Centerville, one hundred and three miles. ^^ 

«♦ (Iluntsvillo) Alalianiu Republican, August 16, 1822. 
•IB Ih. Jonesboro is uow a part of Bessemer. 



Early Hist&ry of Huntsville, Ala. 65 

311. From Huntsville to Bennett's Store, once a week, fifty- 
miles.^^ 

By the end of 1825 Blount Springs — famous as a resort 
imtil a few years ago — had become very popular with the lead- 
ers in the social life of Huntsville. To meet the increasing 
demands, a weekly stage was run between the two places by 
L. Morgan & Sons.^'' 

Travel in these early days was either by horseback or stage. 
Hotels or inns generally were provided with stage coaches or 
hacks, for the convenience of their guests and the public at 
large. Much publicity was given through the press, of the 
possession of such coaches, for instance : 

"A Four Horss Hack.'' 

"On reasonable charges rented for any length of time or for 
any distance. Apply Huntsville Inn. I. Jones. "^^ 

As an indicia of the subject advertised, each of these was 
accompanied by the cut of a stage coach, drawn by four horses, 
in action. 

The Tennessee river having become the main artery of com- 
merce and travel ; in recognition of the growing needs of the 
times, the Government established another mail route, adver- 
tised as follows : 

"U. S. Mail Stagi;.'' 

"From Eastwood via Huntsville to Tuscumbia and South 
Port, three times a week. This line is to accommodate steam- 
boat passengers at South Port and Florence. Fare from Hunts- 
ville to South Port, $6.00 or 8c per mile. 

James Eddington."^* 

After the completion of the Decatur-Tuscumbia Railroad, 
operation of which was commenced about December 30, 1834, 
a stage line was established from Huntsville to the river at 
Decatur. After crossing by ferry boat the train could be 
taken.*« 

36 (Huntsville) Southern Advocate, August 16, 1822. 

37 (Huntsville) Southern Advocate, June 17, 1825. 

38 (Huntsville) Southern Advocate, October 14, 1825. 

39 (Huntsville) Southern Advocate, December 16, 1825. 

40 (Huntsville) Southern Advocate, December 30, 1834. 



66 Early History of Huntsville, Ala. 

CANAL BUILDING 

The enterprise of the inhabitants of the town and county 
was not wholly consumed with this business of establishing 
highways ; for the citizens of Huntsville were concerned about 
providing the community with navigation at its very door, 
thereby fixing beyond all cavil, its enduring commercial supre- 
macy. The newspapers of that day display the monumental 
effort to "bring the mountain to Mohammed," to bring the 
Tennessee river commerce to her gates. Confidence in the 
success of the lock and dam project of the Indian Creek Navi- 
gation Company was not confined to a few but was shared by 
all alike. Many were the wealthy and prominent men who 
showed "their faith by their works," giving liberally of their 
time and means. Chiefest among these was Dr. Thomas 
Fearn, some of whose worthy descendants yet live in Madison 
county. To his indefatigable energies was mainly due the 
realization of this dream. In latter years it was known as 
"Fearn Canal." 

The plan was to render navigable by a series of locks and 
dams, the Big Spring branch or creek to its confluence with 
Price's Fork of Indian creek, and the latter stream, from that 
point to where it flows into the Tennessee river at Triana. The 
first positive action toward the attainment of this end was 
taken when, on December 21, 1820, "Indian Creek Navigation 
Company" was chartered by act of the Legislature,*^ with 
Leroy Pope, Thomas Fearn, Stephen S. Ewing, Henry Cook 
and Samuel Hazard, as commissioners to open books for sub- 
scription to stock in the corporation. Section seven of this act 
further provided : "That said corporation should have power 
and authority to open and improve the navigation of Indian 
creek, in Madison county, from the spring at Huntsville to the 
town of Triana, at the mouth of said creek, by removing the 
obstructions therein, opening canal or canals, or such other 
mode or way as they may deem expedient." To this end powers 
of eminent domain were conferred upon the company. The 
charges to be made were regulated by section 11, which de- 
clared "that whenever said creek should be rendered navigable 
for boats drawing ten inches of water, and so long as said creek 
shall be left thus navigable, it shall be lawful for said corpora- 
tion to demand and receive toll on all boats navigating the 

<i Touhnin's Digest of Alabama Laws, page 710. Edition 1823, aud 
(Huntsville) Alabama Republican, February 2, 1821. 



Early History of Huntsville, Ala. ^'^ 

same between said towns of Huntsville and Triana, at the fol- 
lowing rates : Two dollars for every ton of freight which said 
boat carries, provided that toll shall not be collected on boats 
running between Front's Mill and Triana." 

The company had no "authorized capital ;" the only limita- 
tion upon its right to issue stock was that it should be "in 
shares of fifty dollars each." The right to increase the capital 
stock, existing at any time, appears to have remained with the 
directors, five in number ; of whom one was to be president of 
the Company. However, the act did provide "that as soon as 
the sum of $10,000.00 shall have been subscribed, notice thereof 
shall be given by the commissioners," named heretofore ; after 
which the subscribers were to proceed to the details of organi- 
zation. 

Legislative sanction having been obtained, pursuant to the 
mandates of the charter, on March 30, 1821, notice was given 
in the (Huntsville) Alabama Republican that, "The Indian 
Creek Navigation Company will sell stock at the Planters' & 
Merchants' Bank." 

(Signed) Leroy Pope, 
Thos. Fearn, 
S. S. Ewing, 
Henry Cook, 
Sam Hazard, 
Commissioners. 

The matter of financing the enterprise, appears to have re- 
solved itself into the mere detail of offering the investing public 
an opportunity of subscribing for stock, as a meeting was held 
on Wednesday, the 16th day of April, 1831, at which directors 
of the company were elected. *- 

Work of Construction was commenced without delay, and 
pressed with all due haste. Promising indeed, must have 
seemed the future, and general was the satisfaction when it 
became known that the "work of the Indian Creek Navigation 
Company is progressing rapidly and the canal will be ready for 
use next season. "*■'' The company reckoned without its host, 
for during the next year public announcement was made that 
"Dr. Thomas Fearn, President, is receiving bids for the unfin- 
ished half."** The work of completing the canal extended over 



42 (Huntsville) Alabama Republican, April 27, 1821. 

43 (Huntsville) Alabama Republican, August 31, 1821. 

44 Jh. April 26, 1822. 



68 



Early History of Huntsville, Ala. 



a period of time to the limits of which the public concern and 
enthusiasm could not endure. 

During the next few years the doubtful success of the plan, 
even ultimately, is reflected in the general lack of interest in the 
progress of the work. From all accounts it seems to have 
been deserted by all its friends, except Thomas and George 
Feam, who remained steadfast in their fidelity to the original 
purpose until their efforts were crowned with a laudable suc- 
cess. 

Five years later, in 1827, though not perfected, freight was 
being transported through the canal, as appears from the fol- 
lowing advertisement in the (Huntsville) Southern Advocate, 
of January 27, 1827: 

"The Indian Creek Navigation Company is prepared to ship 
cotton to the Tennessee river. It is not completely finished, 
but will admit the passage of boats." 

It is not unlikely that further development of the project 
would have been suspended at this point, but for the fact that a 
strong public sentiment favored the plan now being urged, to 
render the Tennessee navigable for large steamers, and all 
signs of the times seemed to insure success for the undertaking. 
At all events, work on the canal, which had by now come to be 
known as "Fearn's Canal," was continued by slow stages unto 
its complete and final perfection in 1831. Great was the cele- 
bration of this consummation so devoutly to be wished. On 
Tuesday, the 5th of April, 1831, intense excitement prevailed 
throughout the community. This epoch-marking event, greeted 
by assembled hosts, was embellished by the picturesque exhibi- 
tion of two keel boats gliding up the canal and landing at the 
wharfs by the head of the Big Spring, where the cargo of 
supplies was discharged from one of them which had come 
from the river. These boats had a capacity of eighty to one 
hundred bales of cotton and fifty passengers. Loaded to "the 
guards," one of these pioneers proceeded on its return trip to 
the Tennessee, passing all locks, both coming and going, 
safely." 

Public approval of the industry of the Fearns was unstinted ; 
their energies were rewarded and their success applauded by 
the general demand for an even more elaborate canal. 

The feasibility of making navigable the Spring branch, hav- 
ing been demonstrated beyond conjecture, the public concern 



45 (Huntsville) Southern Advocate, April 0, 1831. 



Early History of Huntsville, Ala. 



now interested itself in a plan to provide for the passage of 
large river steamers through the canal. Frequent and lengthy 
were the newspaper discussions of this form of waterway. 
Again, the Fearns were neither timid nor tardy in action, and 
the (Huntsville) Southern Advocate of July 7th, 1835, car- 
ries the following notice : 

"On the 20th of July books will be opened by the Huntsville 
Canal ; to render the stream navigable for large boats, at a 
cost of $150,000.00. Thos. and George Fearn." 

What the success of this venture was, the author is unable 
to state, due to a total lack of information, which diligent effort 
did not render available. However, the tradition, that, this 
effort was not a success is no doubt well founded. For it 
would seem evident that so pretentious a canal as contemplated 
would have left enduring signs of its accomplishment. None 
exist, even in the memory of the "oldest inhabitant." 

Suffice it to say that progress, if any there was, with the 
plan for this "Huntsville Canal," was made between the years 
of 1837-1844; for after this date no mention whatever of the 
same is to be found in the local papers. The history of this 
project, as recorded by contemporaneous narrators, must needs 
remain unwritten, as there is a break in the files of the local 
papers of this time from the year 1837 to 1844. It is a per- 
plexing inquiry, just why these contemporaneous sources of 
information should be missing ; for it is said the same hiatus 
exists in a measure throughout Alabama. Another cogent bit 
of reasoning sustaining the belief that this canal never mate- 
rialized, is, that during the year 1834, agitation of railroads as 
a means of transportation had become general and earnest in 
the local papers ; and a respectable concern was manifest in a 
plan to build a railroad from Huntsville to Whitesburg. This 
no doubt would have scarcely received consideration had there 
been in operation an adequate canal to Triana. 

Though "Fearn's Canal" is the only one which rendered 
service and achieved prominence, another such scheme to render 
Flint river navigable was undertaken, and a charter obtained 
from the Legislature. On December 20, 1820, one day before 
the Indian Creek Navigation Company was formed, it was 
provided by enactment "That Fleming Jordan, George Taylor, 
James McCortney, John Sprowl, Stephen Pond, John P. 
Brown, John Grayson, Dial Perry, David Walker, Ebenezer 
Bryan, Stephen McBroom, William Derrick and David Cobb, 
and such other persons as shall be associated with them, are 



70 Early History of Huntsville, Ala. 

hereby constituted and declared a body corporate, under the 
name and style of 'The Flint River Navigation Company,' for 
the improvement of navigation of Flint river, in Madison 
county, from Captain Scott's Mills (now Brownsboro), to the 
Tennessee river."**' 

A chronicle of the times vouches for the statement that this 
company received liberal appropriations from the General Gov- 
ernment, to aid its works ; but ill fate attended the first efforts 
put forth so that the plan never matured. 

Large trees grew in profusion on the banks of this stream. It 
was thought advisable to remove all growth and timber from 
near the water's edge ; thereby preventing any possible hin- 
drance to navigation, resulting from the falling of these trees 
into the water. So, accordingly, the company set about clear- 
ing the banks ; felling those trees into the stream, with the fal- 
lacious hope that the force of the spring freshets would wash 
them out of the channel into the Tennessee. It was fortune's 
bitter irony, however, that these spring freshets which were 
considered by the company to be inadequate to the task of 
clearing the stream of fallen trees after navigation had begun, 
were commensurately inadequate to this same task, before 
navigation was begun. So it was that the first work done was 
that of destruction rather than construction. History records 
the projected accomplishment of the Flint River Navigation 
Company's efforts with the ugly, yet appropriate, term "fail- 
ure," spelled with a capital "F." 

RAILROADS 

History of primeval man records that after the stone age 
came the iron age. In parity with this evolution of the human 
race, by ages, has the development of transportation pro- 
gressed. Only in degree of intensity have they differed. The 
latter, when we exclude the application of steam as a motive 
power for crafts, not having improved over the age-old medium 
of intercourse, navigation of inland waters and the high seas, 
until the early part of the nineteenth century when the advent 
of railroads revolutionized the commerce of the world. 

Huntsville, founded as she was, at the very threshold of this 
nineteenth century, has lived partly in the two distinguishing 
eras of advancement in methods of transportation ; in the last 

40 Toulmin's Digest of Alabama Laws, page 709. Edition of 1823. 



Early History of Himtsville, Ala. 



years of the supremacy of inland waterways and canals, and 
in the dawn of the supremacy of steam railroads. 

Having traced, in some detail, under canal building, condi- 
tions as they existed at Huntsville during the close of that 
period which might be termed the navigation age, we come 
to consider, with some interest, and, the author regrets, less 
enlightenment, the steam railroad age. 

The advantages to be derived from proximity to a line of 
this new medium of intercourse destined to broaden the horizon 
of life and actions of individuals and communities provoked 
much acrid discussion, academic in its scope, through the news 
and editorial columns of the local press. *'^ 

At Huntsville, public interest began to manifest itself when 
work of construction on the Decatur-Tuscumbia Railroad was 
begun ; and became intense after the passage of the first train 
over its tracks, about December 30th, 1834.*^ Almost imme- 
diately, arrangements were made to take advantage of the 
nearness of this road. To that end a stage line was estab- 
lished from Huntsville to the Tennessee river at Decatur, as 
before mentioned. 

The public thought was first concerned about the proposed 
construction of ten miles of railroad from Huntsville to Ditto's 
Landing — Whitesburg. Though the distance to be covered is 
inconsiderable, such adequate transportation facilites as thus 
afforded, would have served the enlarged purpose of placing 
Huntsville on the river, as it were. However, not until 1851, 
was a railroad constructed through Madison county. 

During this year, work of building the Huntsville and Mem- 
phis division of the Memphis & Charleston Railway was com- 
pleted, having been financed by local capital. This line con- 
nected at the river with the Decatur-Tuscumbia Railroad. 

In the early part of this year, it was found that the funds 
provided were insufficient to complete this link and an election 
was ordered held by the sheriff of Madison county on April 
2nd, to ascertain the sentiment of the public relative to raising 
additional funds.*® 

This election was not held in April, being deferred till the 
first week in August, for some reason. The results wer6 in 
favor of providing the necessary funds. It will be remembered, 
that, at this election there was also submitted the question of 

47 (Huntsville) Southern Advocate, October, 1834. 

48 (Huntsville) Southern Advocate, December 30, 1834. 

49 (Huntsville) Southern Advocate, April 2, 1851. 



72 Early History of Huntsville, Ala. 

whether or not "Secessionists, abolitionists and dictators" were 
endorsed or denounced. On this proposition public opinion 
was little divided, and the returns declared for "denunciation 
of all three" in unmistakable terms. 

The directors of the Memphis and Charleston Railway at 
Huntsville were, J. W. Otey, D. E. Kelly, J. Robinson, F. 
Jordan and J. Pickens.^" 

From the editorials in the local press of that day, the infer- 
ence is gleaned that one of the chief benefits likely to be derived 
from railroads, was the destruction of class distinction. All 
social barriers would be relaxed by the indiscriminate inter- 
mingling of the masses and the classes in traveling. A curious 
desire to see one of the trains appears to have been general and 
loath to await the auspicious event. 

The author hazards this suggestion ; that the curiosity of the 
public in 1851, to see a train, would not surpass the curiosity 
of the public of this day, to see that individual about whom 
this account appeared in the (Huntsville) Southern Advocate 
of November 14, 1851 : 

"He was peaceably proceeding along the road, when the 
train, unexpectedly, came into view and blew its whistle where 
at 'he tried to fly like a bird,' and in this futile attempt to 
remove himself from the path of this demon-like engine (of 
destruction) as he thought, fell prone across the track. After 
much effort he succeeded in reaching the side of the roadway, 
where he seized a tree with a vise-like grip and clung to it as 
grim death, to the entire amusement of the passengers. So 
great and fundamental was "the mental pain and anguish suf- 
fered by this man, as a proximate consequence of his severe 
fright," that this indulgence of his curious desire — though 
unwittingly timed — to see a train, came near entailing serious, 
if not permanent and fatal results." 

Though a railroad had actually been constructed through the 
county, some conflict between this method of transportation 
and that offered by canal, yet lingered in the public mind. 
This appears from the earnestness exhibited in the local press, 
proclaiming the advantages of the former over the latter. In 
an evident effort to keep the public attention fastened on the 
steam railroad question, the upper left-hand corner of the front 
page of all papers was decorated with the cut of a clumsy 

60 (Huntsville) Southern Advocate, August 6, 1851. 



Early History of Huntsville, Ala. 73 

balloon topped, wood-burning locomotive, belching forth great 
clouds of smoke. A doubtful advocacy of a worthy scheme. 

Construction of the Huntsville-Charleston division of this 
road proceeded with gratifying speed, having been completed 
some years prior to secession, and in use. 

CIVIC AND PUBLIC INSTITUTIONS 

Read by the light of other days, life in Huntsville, — as with 
the old South — was almost incredibly grand. In the then 
present there was little lacking to give it completeness. Those 
things which make for well proportioned and admirable socio- 
logical conditions in a community were abundant in Hunts- 
ville. 

Things which we now term "modern conveniences" were 
not unknown to those times ; even ice could be had throughout 
the year.^^ The price of this commodity now, as compared 
with then, amounts to little less than a "modern inconveni- 
ence." So soon as 1833, there was a water works system. The 
reservoir was attached to the end of the court house. It would 
appear, from a reading of the newspapers of that day, that 
human nature, in Huntsville, at least in so far as the use of 
hydrants not muzzled by meters is concerned, was the same as 
it is today. Frequent notices are to be found in the local 
papers, calling attention to the constant lack of water in the 
reservoir, due to the fact that people who had no hydrants 
used those of their neighbors.^- This system seems to have 
been somewhat inefficient, and entirely inadequate, for by 
1837, the question of a new plant was actively agitated. In an 
attack upon the old system, which had come into pretty general 
disrepute, the editor of the Southern Advocate, in its issue of 
May 18, 1837, delves into the secrets of the past and reveals 
to us some ancient history, more interesting than edifying, 
which leads to the conclusion that, honesty of that uncertain 
kind, which sometimes attends municipal contracting in our 
day, is not the product of this age alone. We are informed 
in that editorial that the people of Huntsville were dreadfully 
cheated by the first contract; and furthermore, the contract 
was never completed to supply the town, and was under the 
control of a plotting, scheming, company, and lastly, the people 
paid too much for the contract. But there is one thing with 

61 (Huntsville) Southern Advocate, June 16, 1826. 
B2 (Huntsville) Southern Advocate, December 9, 1825. 



■^4 Early History of Hitntsville, Ala. 

regard to these works, that must forthwith be attended to. 
That ill-shaped goose pen of a building attached to the end of 
the court house, called reservoir, is by the order of the com- 
missioners, to be torn down and removed. The new system 
is under the supervision of Mr. Sam D. Morgan. A dam, en- 
gine house and machinery are to be installed and a new reser- 
voir built, in the erection of which Mr. Morgan will liberally 
assist. This new system was planned by Hunter Peel and 
Thomas Barclay. Wooden pipes about eight feet long, made 
by boring a hole through the center of red cedar logs were 
used. These pipes were tapered at one end and hollowed 
at the other. Joints or connections after being made were held 
in place by iron hoops or bands. Sections of these old pipes are 
not infrequently unearthed even yet, in excavating beneath old 
buildings about the square. 

Though the author cannot be certain, the use of wooden con- 
duits in the second system would seem to justify the inference 
that such were also used with the first. 

A water turbine and a nine-inch pump served to force the 
water into the reservoir, which had been constructed on Pope's 
Hill. This reservoir can yet be seen at the intersection of 
Williams and McClung streets.^^ It is not unlikely that this 
system installed in 1827, remained in use till after the war, as it 
was rendering satisfactory service in 1859. Fire plugs, in con- 
nection with this water system, were also installed in all parts 
of the town. 

Despite these facilities and the good efforts of the Huntsville 
Fire Engine Company, which we have seen was organized in 
1822, a very disastrous fire visited the town in February, 
1829, laying in ashes "Bank Row" (west side of square), 
except one small building.^* 

The following notice appearing in the Southern Advocate of 
January 13, 1826, suggests the manner in which the Fire 
Engine Company was sustained : 

"Called Murting. 
Huntsville Fire Engine Company, to be held at the engine 
house. All fines and annual contributions must be paid at this 
meeting. F. Collender, Secretary." 

It can scarcely be doubted that Huntsville kept pace with 
the times, even abreast of the larger Eastern and Northern 

r.s Huntsville Directory, 1859. pages 12 and 18. 

54 (Huntsville) Southern Advocate, February 6, 1829. 



Barly History of Huntsville, Ala. 75 

Cities. In 1856 the "Huntsville Gas Light Company" was 
organized with a capital of $7,325.00. A plant was erected 
immediately near the spring, where gas, for lighting purposes, 
was manufactured in circular retorts from rosin. ^^ 

HISTRIONIC 

Life in this community, even during the first years of this 
period, was far from prosaic. The public were permitted the 
enjoyment of all forms of amusement and recreation, from 
balloon ascensions,^® to heavy tragedy, followed by comic farce. 
Approaching events were heralded in the local press, thus : 

"Second Night." 

"Theatre. — The public is respectfully informed that on Sat- 
urday evening, November 4, 1820, will be presented the moral, 
instructive and effective Tragedy of the Gamester : 

Beverly Mr. Phillips. 

Stuckley Concameon. 

Mrs. Beverly Mrs. Cummins. 

After which a comic farce, in one act called Blue Devils. 

Admission one dollar. 

Performance to commence at seven o'clock precisely. "''**"' 

Theatrical performances closing with a one-act comic farce, 
appear to have been the order of the day. This theatre, 
owned by Messrs. Sammoner & Weekly, was destroyed by 
fire on Saturday night, August 5, 1821. Though the local 
press expressed the belief that it would not be rebuilt "any 
time soon" about a year later shows were advertised to be held 
in the theatre. 

Hotel facilities were adequate and in keeping with the needs 
of the times. As we have observed, as early as 1803, hotels 
were subjected to governmental regulation. This supervision 
was exercised for a number of years, even to the extent of 
establishing the charges to be made. The law required of all 
"tavern keepers" that they take out a license and to furnish 
good, clean, wholesome diet, and lodging for travelers, and 
stabling, pasturage and provender for horses, for and during 
the time of his license." The license cost $20.00 per year. 
The various county courts fixed the rates. These had to be 
posted conspicuously. Cards published according to these 

55 Huntsville Directory 1859. 

56 (Huntsville) Alabama Republican, November 3, 1820. 



"^6 Early History of Huntsville, Ala. 

requirements, furnished information as to the charges to be 
met by the traveling pubhc : 

"A Niew Tavern." 

"At the sign of the Planters' Hotel. 

My stables are large and commodious and well equipped 
with all the requirements ; rates : 

B reakf ast 3 7 1^ c 

Dinner 50c 

Supper 37^c 

Horse for night 50c 

Lodging for night 12 ^^c 

Boarding without lodging, per week $3.50 

Boarding, including lodging, per week $4.50 

Horse, per week $3.00 

N. B. Posey."" 

MILITIA 

As has been mentioned, Huntsville sent four companies and 
Hazel Green one with General Andrew Jackson, to fight the 
Creek Indians, at Horse Shoe Bend. Two companies also 
went from here during the war of 1812. In 1819, Madison 
county had two regiments of infantry in her militia. These 
regiments held two musters a year. One commencing on the 
8th of January, and the other on the 4th of July. After per- 
forming the military duties incident to the occasion, the balance 
of each day was devoted to recreation and sports. A chronicler 
of the times informs us that the greater portion of the time 
was consumed in political debate ; it being customary for can- 
didates to speak on these occasions, and to provide "free 
whiskey" for the crowd. 

In 1821 "The Huntsville Light Infantry" Blues was organ- 
ized with J. K. Dunn, as its first lieutenant. ^^ 

The Huntsville Volunteer Artillery Company, under the 
command of Capt. J. G. Carrell, was organized in 1820.^^ 

Towards the later part of this period, in 1855, a military 
company, the Madison Rifles, with Captain J. C. Coaltart, was 
mustered in.^" 

07 (Huntsville) Alabama Kepublicau, November 17, 1820. 
68 (Huntsville) Alabama Kepublicau, March 16, 1821. 
50 Ibid. September 29, 1820. 
CO Huntsville Directory 1859. 



Early History of Huntsville, Ala. "^'^ 

Here was to be found a hospital, well equipped, under the 
management of Dr. L. Reimondie, established in 1851, as the 
"Madison Surgical and Medical Infirmary."^^ 

RELIGIOUS AND EDUCATIONAL 

The public thought was not wholly occupied with those 
things and institutions which produce material development, 
for commensurate consideration was manifest in the mainte- 
nance of those uplifting influences which make for "richness of 
life" in a community. 

CHURCHES 

Many of the first churches and religious societies of the State 
were organized here. Between the years 1818 and 1835 the 
Presbyterian, Methodist, Cumberland Presbyterian and Episco- 
pal congregations had erected houses of worship at Huntsville. 

Those in the community, of the Presbyterian faith, met and 
organized some time in 1818; and on October 13, 1822, com- 
menced the erection of the first church of that denomination in 
the State. The present creditable structure, situated on the 
southeast corner at the intersection of Lincoln and Gates 
streets, was built in 1859, upon the site of the old one.* 

The congregation of the First Methodist Church erected 
their first church building here in 1821, which was later re- 
placed by the handsome and commodious structure now in 
use. This building was dedicated by the Masons on August 7, 
1867. 

About the year 1821 the Madison Bible Society was organ- 
ized. Its membership was purposeful and energetic, and em- 
ployed itself about many worthy undertakings for a long num- 
ber of years. Not the least of which was its untiring eflForts to 
ameliorate the condition of the Confederate soldiers and their 
dependent families in this county. The Episcopalians in the 
community were slow to perfect organization ; their first meet- 
ing for this purpose being June 15, 1830, in the Presbyterian 
Church, which was itself even then uncompleted. 

This meeting was called to order by the temporary chairman, 
John Brahan, with John C. Coleman acting as Secretary. Mr. 
McClung offered the first resolution, which was passed. 

61 (Huntsville) Southern Advocate, November 14, 1851. 

a Annual Report 190G-7, Presbyterian Church at Huntsville, Ala. 



78 Barly History of Huntsville, Ala. 

"Resolved : 

That it is expedient at this time to establish an Episcopal 
Church at Huntsville." 

Following this, Leroy Pope moved that vestrymen and war- 
dens be elected. Samuel Cruse then nominated the following 
who were elected officers of the permanent organization : 

Hunter Peel, Dr. Sam Breck, Capt. WilHam Clark, General 
John Brahan, Leroy Pope, Jr., Ben S. Pope, Capt. William 
Atwood, Col. J. J. Pleasants, and Dr. R. G. Fearn."- Work 
of erecting a house of worship was begun without delay and 
completed in due season, upon the site occupied by the present 
building, at the intersection of Green and Eustis streets, on the 
southwest corner. The present graceful structure, so unique 
and pleasing in interior arrangement, was erected in 1858. 

The Missionary Baptists were probably the first to organize 
and build a church in the county ; which was done as early as 
1808, out in the neighborhood of Briar Fork of Flint. This 
church was named Enon. The greater portion of the congre- 
gation having moved to Huntsville during the first years of the 
war, this church was officially moved from the country to 
town. In 1861 a house of worship was erected upon the north- 
west corner at the intersection of West Clinton and Spring 
streets. This building has in later years been removed to 
give place to the present modern edifice. "Enon" was the first 
church established in the State by the Missionary Baptists. 

In 1825 those of the Cumberland Presbyterian faith organ- 
ized at Huntsville, under the leadership of Rev. Robert Don- 
nell. The first house of worship was erected in 1828 — some- 
where — on Green street. The second church building was 
erected in 1845 upon the site of the present attractive structure 
on the southeast corner at the intersection of Randolph and 
Lincoln streets. This Rev. Donnell, the founder of the Cum- 
berland Church at Huntsville, was an eminent divine of great 
renown. He, with two other associates — about 1809 — estab- 
lished the Cumberland Presbyterian Church in America. 

SCHOOLS 

Educational facilities in those early days, afforded by the 
numerous schools of the town, were immeasurably superior to 
those of the present times. It can scarcely be expected that a 
visitor within our gates at this day would express himself as 

82 (Huntsville) Southern Advocate, June 19, 1830. 



Early History of Huntsville, Ala. '^^ 

did one in 1837, who on writing to a friend in the North said : 
"Huntsville will in the future rival any city in the North, and 
at present it is the most prosperous and progressive city its size 
in the United States, and exceeds any other town its size in the 
nature and character of its literary institutions. Green Acad- 
emy is the equal of any Western school.""^ In addition to 
Green Academy there were numerous private "grammar 
schools" of known worth and character. The "Huntsville Mili- 
tary Scientific and Classical School" was opened Monday, the 
8nd of January, 1832, under the supervision of Messrs. B. S. 
Lowe and M. R. Dudley, as Rectors.*"'^ Institutions for the 
primary and higher education of females were equally numer- 
ous and fully as efficient as those provided for the males. 

The first of this latter class of institutions of consequence, 
to be established in the county, was the "Female Boarding 
School," conducted by J. P. Horton ; nine miles northwest of 
Huntsville.''^ Later, it consolidated with the "Pleasant Grove 
Academy," in 1822, which continued under the superintendence 
of Mr. Horton. ''*' During this same year C. White established 
his "Female Boarding School" near Huntsville."'^ 

The "Huntsville Female Academy," later known as the 
"Huntsville Private Female Academy," a very superior institu- 
tion, was opened in 1826, by Mr. and Mrs. DeVendal, both 
people of culture and scholarly attainments.*'^ 

During the year 1831, competent female colleges were estab- 
lished here, whose period of usefulness extended even into the 
very last years of that century. 

The "Huntsville Female Academy" was opened in January, 
1831, with the following named gentlemen as officers: J. M. 
Taylor, president ; Dr. Thos. Fearn, A. F. Hopkins, W. Pleas- 
ants, H. I. Thornton, B. S. Pope, J. Martin, and J. G. Birney, 
trustees. Later this institution became known as the "Hunts- 
ville Female College."«» 

Almost contemporaneous with the opening of this academy 
on January 5, 1831, the "Huntsville Seminary," under the 
auspices of the Presbyterian Church, was inaugurated. 

63 (Huntsville) Southern Advocate, March 4, 1837. 
6-t (Huntsville) Southern Advocate, January 21, 1832. 

65 (Huntsville) Alabama Republican, December 20, 1820. 

66 lua. Novemljer 16, 1821. 

67 Ihid. November 10, 1821. 

68 (Huntsville) Alabama Republican, February 10, 1826. 

69 (Huntsville) Southern Advocate, December 28, 1830. 



80 



Early Histary of Huntsville, Ala. 



Little did the founders of these two great, and, in after years, 
justly famous colleges, realize that both were to exert a pro- 
found influence throughout the whole South for generations to 
come. 

During the sam.e year, Mr. and Mrs. Rowe opened their 
Female Boarding School on Monte Sano.''*' 

Since 1820 there had been a public library suitable to the 
needs of the times, for which quarters were provided in the 
court house.'^^ 

NEWSPAPERS 

It is said that a man is known by the company he keeps, and 
so it is we can judge of the breadth of life in a community by 
the newspapers it supports. 

We have heretofore observed that as early as 1812 the Madi- 
son Gazette was published at Huntsville, and that it merged 
on September 7, 1816, and thereafter was published as the 
"Alabama Republican." 

During the first years of this period, particularly, Huntsville 
was the center of all State activity ; on account of which the 
local papers enjoyed an extended circulation. The enlarged 
field made it possible for many papers to thrive here. 

The first issue of the "Huntsville Enquirer" appeared on 
February 1, 1822. This sheet was edited by Richard Benja- 
min Brickell, and was the eleventh paper then published in the 
entire State.''^ 

The 'Planters' Magazine," a monthly periodical, was pub- 
lished at Huntsville by the editors of the "Alabama Republi- 
can," Messrs. Boardman and Adams ; the subscription rate 
being $2.00 per year. The first issue appeared January 1, 
1822." 

The conjecture is indulged that sometime prior to 1825, the 
"Alabamian" was published here; this, for the reason that the 
first issue of the "Southern Advocate and Huntsville Adver- 
tiser," later known as the "Southern Advocate," which was 
formed from a merger of the "Alabama Republican" and the 
"Alabamian," appeared on May 6, 1825. It was published by 
D. Farris & Company, and cost $3.00 a year.''* The "Hunts- 

To (Huntsville) Southern Advocate, December 24, 1831. 

71 (Huntsville) Alabama Republican, October 20, 1820. 

72 (Huntsville) Alabama Republican, February 8, 1822. 

73 (Huntsville) Alabama Rei)ublican, February 8, 1822. 

74 (Huntsville) Southern Advocate, May G, 1825. 



Barly History of Huntsville, Ala. 



81 



ville Democrat" was established October 18, 1823, by Philip 
Woodson.'^^ Mr. Flemming, in his monumental work, "Civil 
War and Reconstruction in Alabama," makes the assertion 
that the Democrat was an "emancipation newspaper,"'* edited 
by James G. Birney. The author feels constrained to say, in 
this, Mr. Flemming is doubtless mistaken. This inference is 
supported by the circumstances attending Mr. Birney's evolu- 
tion into an abolitionist, which have been heretofore noted. 

Abolition principles were first espoused by Birney about 
1830, and three years later, when he sought to give public ex- 
pression to his views, he used the columns of the Southern 
Advocate and not the Democrat. Lastly, it is hardly probable, 
that, had the Democrat been the advocate of such heresy, it 
would have endured the assaults of time produced by radical 
political and economic changes, even unto the present day. In 
1859 this paper came into the hands of J. Withers Clay, and 
remained under that safe and sane management till his death ; 
since which time it has been edited by some member of that 
justly distinguished family ; and is today the only newspaper 
published in the State by a woman. 

Yet another paper was published here, about this time; the 
"Southern Mercury;" the first issue of which appeared July 
1, 1833, edited by Messrs. John J. Coleman and Geo. W. 
Noble." All of these papers were weeklies, each appearing 
as a general thing on a difiFerent day. They were liberal in 
policy. Though difiPering in politics somewhat, all espoused 
those principles which made for a strong South, economically 
and politically. The editorials were uniformly ponderous, 
heavy of words, yet lean of pith and without drive. 

The splendid state of physical preservation of even the 
earliest of these newspapers attests the good quality of ink used 
and the excellency of the clear, white paper upon which they 
were printed. 

Toward the latter part of this period another paper, the 
"Huntsville Independent," was edited and published at Hunts- 
ville by Messrs. J. J. Dew and J. W. Young. The first issue 
appeared December 1st, 1855.'^^ 



75 Huntsville Directoi-y 1859, page 04. 

76 "Civil War and Reconstruction in Alabama," page 10. 

77 (Huntsville) Soutliern Advocate, April 20, 1833. 

78 Huntsville Directory 1859. 



82 



Early History of Huntsville, Ala. 



MAKERS OF NATIONAL, STATE AND LOCAL HISTORY 

To one not conversant with the history of Huntsville and her 
citizens, this caption might seem somewhat boastful if not 
humorous. It has been well said, that, the history of Huntsville 
in early years, is the history of the State. To this might be 
added, and of the nation ; for, in truth, no other community 
founded in the nineteenth century has, through her worthy citi- 
zenship contributed more to the life of the nation, or been more 
prominent in national and State affairs than Huntsville. It is 
no idle protest to repeat what has been said herein ; that, those 
names which form the very pillars of history's arc and thatch 
its roof, are intimate to Huntsville. Hers is the honor and 
unique distinction of having furnished the nation with eight 
United States Senators, (being without representation in that 
body but for six years, 1843-49, from the admission of Alabama 
into the Union till the resignation of Hon. Clement Claiborne 
Clay in 1861, upon the secession of the State. The first con- 
gressman from this State hailed from Huntsville, and in after 
years many others ; seven governors, an associate justice of the 
United States Supreme Court, and one other who declined 
a like commission when tendered him ; many justly famous 
jurists of our State courts, both appellate and nisi prius ; two 
senators in the Confederate States Congress ; the first Secre- 
tary of War of the Confederacy ; a candidate for presidency 
of the United States on the abolition ticket in 1840, and again 
in 1844 ; a distinction not then boasted no doubt. Lastly, it is 
her humiliation to have been the home of probably more than 
her share of traitors to the Confederate cause. Nor did all 
this ilk come from the rank and file of the men who wore the 
gray, but in large proportion from those high up in the coun- 
sels of the Confederacy. 

Neither the time at hand nor the scope of this work will 
permit of more than a brief mention of some of Huntsville's 
justly famous and worthy sons. Not alone did Huntsville con- 
tribute to the political growth of the nation, but her profes- 
sional men through their great skill and learning swayed the 
nation. Among these latter was Dr. Thomas Fearn, of whom 
we have already heard much. He was probably the most emi- 
nent physician in the whole South. His article upon "The Use 
of Quinine" excited the interest of the entire medical world, 
and exerted a profound influence, even to the extent of revolu- 
tionizing the treatment of fever. The name of this great man 



Barly History of Huntsville, Ala. ^ 

is not unfamiliar to us of the present, for of his descendants, 
in the Fearns, and the Garths, we have hving representatives 
in the community. 

The recognized leader of the Whig party in the State, 
Arthur F. Hopkins, lived here. A jurist of no mean ability, 
he served as circuit court judge and later as associate justice of 
the State Supreme Court. Other prominent jurists of those 
times living here were : W. I. Adair, sometime speaker of 
the Alabama lower house, and later circuit judge ; Henry 
Minor, who became judge of the Circuit Court and afterwards 
reporter of the Alabama Supreme Court ; J. M. Taylor, who 
followed him as judge, and finally was elected associate justice 
of the State Supreme Court. 

The high esteem in which Lemuel Mead and Samuel Chap- 
man were held by the people of this county, is attested by 
the terms of office vouchsafed to them. The former of whom 
was elected clerk of the circuit court in 1819 and served till 
1835, while the latter presided over the county court from 
1820 to 1834. The last judge of this court was Edward Cham- 
bers Betts, grandfather of the author ; a scholarly gentleman 
of distinguished literary and judicial attainments. He served 
several terms in the State Legislature and later as the first 
commissioner of agriculture of Alabama ; and to him in no 
small measure is due credit for the organization of that de- 
partment as a potent influence in the agricultural development 
of the State. 

For the sake of completeness, the author again introduces 
the name of James G. Birney ; who, as he had a positive effect 
upon the national thought of his period and left the impress 
of his efforts upon time as it passed his way, it will not be amiss 
to record, was the candidate of the Abolitionists for the presi- 
dency in 1840 and again in 1844. 

Among those brilliant statesmen, from Huntsville, serving 
in the counsels of the nation as senators, were : John W. 
Walker, 1819-1823, president of the Constitutional Convention 
of the Alabama Territory ; William Kelly, 1823-1825, the first 
and only congressman during his term, for then it was that 
Alabama had two senators and but one representative at Wash- 
ington ; Dr. Henry Chambers, 1825-182() (uncleof the author's 
paternal grandfather), was one of Madison's delegates in the 
Constitutional Convention ; later he represented her in the first 
State Legislature ; twice defeated for governor by Israel Pick- 
ens, first in 1821 and again in 1823; elected to the Senate in 



84 Early History of Huntsville, Ala. 

1824 over William R. King, who later became vice-president 
of the United States under President Pierce's administration. 
Senator Chambers set out upon his journey to Washington by 
horse-back, but died while on the way, at the age of forty 
years, before taking his seat in the Senate. His residence yet 
stands at the intersection of Gates and Green streets, on the 
southeast corner, and is the late home of that gentle spirit and 
famous poetess and artist, Howard Weeden : John McKinley, 
1826-1831, for a number of years judge of the United States 
Circuit Court, congressman, and upon death of Senator Cham- 
bers chosen to succeed him. While a member of the Senate, 
the Supreme Court was increased to nine, and he was com- 
missioned by President Van Buren as associate justice during 
the recess of Congress, on April 27, 1837, and was re-commis- 
sioned upon confirmation by Congress, on the 25th of Septem- 
ber that same year.''^ This position on the Supreme bench 
was first tendered Hon. William Smith, of Huntsville. His 
nomination by the President having been confirmed by the 
Senate, he was duly commissioned, but declined the honor. 
The author ventures the assertion that Mr. Smith's action is 
entirely unique in the history of this nation. Gabriel 
Moore, 1831-1837, fifth governor of Alabama, one of 
Madison's delegates to the Territorial Constitutional Con- 
vention, later president of State Senate, served as congress- 
man for eight years before his election as governor. While a 
member of the Senate he opposed the policies of President 
Jackson. On this account his resignation was requested by the 
State Legislature. He declined to comply with the request, 
and at the expiration of his term, ran for congress and was 
defeated; Clement Comer Clay, 1837-1843, Madison's repre- 
sentative for two terms in the Territorial Legislature, delegate 
to the Constitutional Convention, resigned as circuit judge to 
become speaker of the State House of Representatives ; con- 
gressman from 1829 to 1832, eighth governor of Alabama, 
resigned from the United States Senate after four years, di- 
gested the laws of Alabama in one year, and submitted his 
work to the Legislature, of which his son Clement Claiborne 
Clay was a member; twice upon the Supreme Court bench of 
Alabama, settled the State debt and then retired from public 
life to make way for his illustrious son, who had given evidence 
of even greater talents. It has been said of Senator Clay 

•?8 The Supreme Court of the Unitecl States, Vol. 1, page 298, by 
Hampton L. Carson. 



Early History of Huntsville, Ala. 85 

that he was the greatest poHtical teacher of his times; Jere 
Clements, 1849-1853, author, one of Alabama's delegates to the 
Secession Convention, first commander of the troops of the 
"Republic of Alabama" with rank of Major-General ; Clement 
Claiborne Clay, 1853-1861, who was even more illustrious than 
his father. When Alabama withdrew from the Union, he 
resigned his seat in the Senate and became a senator in the 
Congress of the Confederacy. A statesman of the biggest and 
truest type. He was arrested along with and became a fellow 
prisoner of Jeflferson Davis, at Fortress Monroe, at the close 
of the war. 

Senator Clay's wife — familiarly known in latter days as Mrs. 
Virginia Clay Copton, who lived here till her recent death — 
was the most brilliant and distinguished woman in the whole 
South. When asked whom he considered the greatest orator 
he ever heard, Father Ryan replied : "I have heard Webster, 
Clay, Calhoun, Everett, Choat, Gladstone, Douglass, Prentiss, 
Yancy, Jefferson Davis, and all of the great orators of my day ; 
but I tell you, the greatest of them all is Mrs. Clement C. Clay." 

The talented editress of the Huntsville Democrat, Miss 
Susanna W. Clay, is a niece of that great man. Senator Clement 
Claiborne Clay, as is well known. 

In addition to the two just mentioned, five other worthy sons 
of Madison became governors of the State. 

Thomas Bibb, second governor, as president of the State 
Senate, succeeded to the office upon the death of his brother, 
William Bibb, who was killed by a fall from his horse. As the 
time of his ascendency he (Thomas Bibb) had probably moved 
from Madison county, though for many years he was a promi- 
nent figure in the early life of the settlement. The new gov- 
ernment at the new capital, Cahaba (the capital having been 
at Huntsville during his brother's term of office), was set up 
by him. 

Hugh McVay became the ninth governor, by virtue of his 
presidency of the Senate, upon the election of Governor Clay 
as senator. He came to Madison county when it was a part of 
the Mississippi Territory, and was elected to the Territorial 
and State Legislatures eight times from the county ; became 
a member of the Territorial Constitutional Convention, and 
after the State was formed, served in its Senate twenty years. 
Prior to his advancement to the governor's office he had 
removed to Lauderdale county. 



86 Early History of Huntsville, Ala. 

Reuben Chapman, thirteenth governor, distinguished himself 
by the masterly manner in which he guarded the State's finan- 
cial interests attending the winding up of the State banks. He 
served one term in the State Senate, and was in Congress 
from 1835 till he was elected governor. He was defeated for 
re-election ; afterwards, in 1855, he was again elected to Con- 
gress. His last public service was rendered in 1863, when 
he became an elector for Jeflferson Davis as president of the 
Confederate States of America. Worthy descendants of Gov- 
ernor Chapman are still prominent in the life and activities of 
the community; foremost among them, his daughter, Mrs. 
Ellelee C. Humes. 

John H. Winston, the fifteenth governor, was the first native 
born Alabamian to be elected to that office. Madison county 
was his birthplace in 1812. At the time of becoming governor, 
however, he was a resident of Sumter county. After the war 
he was elected to the United States Senate. He was denied 
the right to enter that body. 

D. P. Lewis, became the twenty-third governor, and a sorry 
time it was for Alabama. Upon his election in 1872, Alabama 
once more went into the "hands of Black Man's Party." He 
obtained his ofifice through the grossest fraud, and held it at 
the point of the bayonet by the aid of Federal troops. One of 
Alabama's delegates to the Secession Convention, he was elect- 
ed to the Provisional Congress, and in 1863 was appointed to a 
judgeship by the governor. This position he held for a few 
months, and then went over to the Federals. 

In addition to Clement Claiborne Clay, Madison furnished 
the Confederacy with another senator, Richard W. Walker, 
and a member of the president's cabinet, General Leroy 
Pope Walker, first Secretary of War. Hon. Richard W. 
Walker, at the outbreak of the war, was a member 
of the State Supreme Court. Few of the earliest 
families settling here, when Alabama was a territory, 
have been so continuously represented throughout these 
one hundred years by justly illustrious and worthy sons, as has 
this Walker family. Each of its three generations has fur- 
nished a brilliant public servant, beginning with John Williams 
Walker, president of the Constitutional Convention of 1819, 
and first United States Senator, and continuing through Rich- 
ard W. Walker, his son. Supreme Court justice and Confed- 
erate Senator, to his grandson. Richard W. Walker, Associate 
Justice of the State Su])reme Court, member of the Constitu- 
tional Convention of 1901, Presiding Judge Alabama Appellate 



Early History of Huntsville, Ala. 87 

Court, and at present Associate Justice of the United States 
Circuit Court of Appeals. 

Though serving at a later day than that here dealt with, no 
history of the county would be complete without mention of 
those two distinguished educators, Dr. Carlos G. Smith, who 
afterwards became president of the State University, and Cap- 
tain Charles O. Shepherd. 

The excellent school maintained by that scholarly gentleman, 
Dr. Smith, was liberally patronized by this end of the State ; as 
was also the school of that noted and striking personality. Cap- 
tain Shepherd, who left his impress upon the "seat of learning" 
of many of the youth of the surrounding territory. 

Through these pages, little warning has been given the 
reader, that toward the last of this period a national crisis had 
been reached. The tocsin of war had been sounded. From 
thence forward the South was to live through ever changing 
conditions, even to the extent of subjugation, for in very truth 
it passed under the yoke. The beauty, the charm, the elegance 
of life at the South was to pass out. The elegance and grandeur 
of the Old South might have survived the rude shock of war ; 
but all, all, was submerged in that anguished struggle, after 
the war, to preserve its institutions, its people, its customs, even 
civilization itself, from threatened extinction. 

References: — Brewer's Alabama; Northern Alabama; kind- 
ness of many older citizens ; newspaper files and clippings ; 
Judge Taylor's History of Madison County; Indoors and Out, 
May 6, 1906; Huntsville Directory, 1859; Hand Book of Ala- 
bama, Birney ; Life and Times of James G. Birney; Civil War 
and Reconstruction in Alabama, Fleming; The Supreme Court 
of the United States, Vol. I, With Biographies of the Justices, 
Hampton L. Carson. 



Chapter V. 



CIVIL WAR AND RECONSTRUCTION 

HE author approaches the discussion of this phase of 
Huntsville's history with much trepidation and embar- 
rassment, due to the knowledge of his own limitations. 
That cause for which Madison's men fought and died 
and her women suffered and endured, was the same for which 
the whole South fought, suffered and endured. No adequate 
understanding of the justice, the purity, the honor of that 
cause can be had without a knowledge of its history throughout 
the Confederate States of America. Wherefore, the scope of 
this work will extend beyond the geographic confines of Madi- 
son county. However, it is not the purpose to review in any 
profound sense the causes leading up to the war, nor its con- 
duct; but merely to touch lightly upon a few potent circum- 
stances which may aid in forming a proper understanding of 
the reasons for the war of secession ; or to be more exact, 
enable us to know and appreciate the fact that our ancestors 
were not "traitors," not "rebels," but patriots and heroes. It 
is not the purpose of this work to perpetuate or revive any 
spirit of bitterness toward any section of our re-united country ; 
for, "the bitterness and resentments of the war are past and 
forgotten. The glories are the common heritage of us all." 

It has been said, "It is better to know less, than know so 
much that ain't so." This can be repeated with peculiar 
emphasis to the youth of the South, as he has gained his 
knowledge of the history of the Confederacy from the partisan 
historian of the North. The matters and things related in this 
chapter are historic and authentic. They are in the nature of 
those happenings which go to make up family lineage, and 
family history. If perchance, any of those who come to scan 
these pages were, or still are not in sympathy with the South 
in the course pursued, it is hoped they will at least appreciate 
the sincerity of the motives which prompt the author. The 
duty to teach and spread the truth is enjoined upon us all. 

Nor is it the purpose of the author to attempt a vindication 
of the Confederate cause; time has established the honor, the 
justice, the right of the principles for which the South fought. 



Barly History of Huntsville, Ala. 



The denial at the North of the Constitutional right of a 
state to withdraw from the Union was the cause of the war. 
Slavery was the occasion, not the cause, and bore the same rela- 
tion to the war as does property to robbery. The conflict, 
as we view it now, was inevitable, and but the logical out- 
growth of the feeling and strife, which existed from the set- 
tlement of this country, between the Puritans landing at Ply- 
mouth Rock and the Cavaliers who landed in Virginia. 

The right of secession, was the constitutional right guaran- 
teed to the states forming the Union, to withdraw from the 
compact she had voluntarily entered into. Both the North 
and the South at the time of entering into the articles of con- 
federation claimed and boldly asserted this right. The question 
of state sovereignity, especially the right to withdraw, was 
debated at the time of framing the Constitution and was 
decided in the affirmative. This, and not slavery, vel non, was 
the question submitted to the arbitrament of the sword and 
decided for all times. Gettysburg and Vicksburg were not 
forums of justice but battlefields. 

From a constitutional standpoint, it is plain the South was 
within her rights in withdrawing from the Union. Students 
of history, both North and South, now admit this. This right 
of a sovereign state to sever its connections with the Union 
was first asserted by Massachusetts in 1811, when she threat- 
ened secession in order to back up her position relative to the 
Louisiana Purchase. From thence forward this right was 
boldly asserted by the other states at the North and constantly 
held over the head of the South as a warning, until the South 
sought to put it into practical eflfect and withdraw. From 
thence forward, as viewed at the North, this doctrine became 
heresy and the right of a (Southern) state to exercise it was 
vigorously denied and denounced. That supreme political 
opportunist, Daniel Webster, known at the North as "the most 
profound and unerring constitutional lawyer of his day, the 
great expounder," declared as late as 1856 that "If the South 
is treated as bad as she has been, she will secede. She has a 
constitutional right to secede, and she ought ta secede." Yet, 
when the South asserted this right, he traversed the country, 
(having first, however, changed his views, owing to the politi- 
cal exigencies of the times), assailing and reproaching her 
leaders and governments. By the magic of his words and the 
necromancy of his specious logic he beguiled the masses at the 
North into the belief that the South and its people were trait- 



?0 Early History of Huntsville, Ala. 

ors to the Union. Such are the teachings the children of the 
South have received since the war, concerning the origin and 
history of the Confederacy. 

The sovereignty of a state was a sacred trust to be defended 
and zealously guarded at all hazards by her sons. It was para- 
mount to the preservation of the Union, and so had we been 
taught, even in the colleges of the land, North and South. 
When the North by state and municipal legislation, upheld by 
the courts, had repeatedly denied the constitutional rights 
of the Southern States. When the Missouri Compromise was 
held unconstitutional by the United States Supreme Court, in 
the Dread Scott Case, and four of the justices dissented from 
the opinion of Chief Justice Taney, the unyielding determina- 
tion at the North to utterly disregard the guaranteed rights of 
the South, wreck her institutions and destroy state sovereignty, 
became all too evident. By the time the South seceded, all 
ties of friendship and kindly relation between the North and 
South had been severed, though there yet remained at the South 
some love for the Union, and a far greater respect for the 
rights of others as guaranteed in the Constitution. Wherein 
all rights not delegated to the general government nor denied 
the states are reserved to the latter. 

The biased and purblind histories used in our public schools, 
teach the children of the South, that Robert E. Lee, Stonewall 
Jackson, and Joseph E. Johnston fought for so sordid a cause 
as the maintenance of slavery. Not once are we told that: 
Lee freed his slaves, voluntarily, long before the war ; Jackson 
never owned but two slaves, bought by him at the request of the 
slaves themselves, in order that they might be set free, which 
he accordingly did ; Johnston never owned a slave. Even 
more studiously is the fact suppressed, that the "Immortal" 
Ulysses S. Grant, owned many slaves, and that they were 
never freed by any act of his, but by the Emancipation Proc- 
lamation, and when so freed were being refugeed in Missouri 
to keep them out of the danger of escaping. 

In a conflict, he is the aggressor who first renders the use of 
force necessary, and not he who strikes the first blow. So it is 
that the North and not the South was the aggressor, and pro- 
voked the Civil War. The construction is enforced by the con- 
duct of the South before war actually broke out. 

One of the first official actions of the Confederate States of 
America was to send a commission to Washington to treat with 
Secretary of State Seward, to the end that an amicable settle- 



Early History of Huntsville, Ala. 91 

ment might be had of all differences between the two govern- 
ments, and for the evacuation of Fort Sumter. This commis- 
sion was held at Washington for twenty-three days, with al- 
most hourly promises of a considerate hearing. While thus 
ostensibly giving heed to the proffered negotiations of the Con- 
federacy, a squadron of ten battleships was being made ready, 
and sent out from New York with instructions to take Fort 
Sumter, by force if necessary. This "relief squadron," bris- 
tling with guns, steamed into a Confederate port, intent upon 
its hostile purpose, before the Confederate commission was 
even aware that war was intended by the government at Wash- 
ington. Not until then, did the commissioners from the Con- 
federacy realize that Secretary Seward had diplomatically lied 
and misrepresented the facts to them. 

This brings us to a consideration of the sentiment prevailing 
at the South as to its course in the near future. Probably the 
most eloquent and comprehensive exposition of the attitude, 
feeling and spirit of the South was made by that peerless states- 
man, Clement Claiborne Clay, in the Senate of the United 
States, on the eve of his resignation from that body, after his 
beloved state, Alabama, had withdrawn from the Union. As 
an introduction to that portion of this work yet to follow, the 
author begs leave to quote from the condensed record of this 
"Statement of the South's Case" : 

"It has been forty-two years, he said, since Alabama had 
entered the Union, amidst scenes of excitement and violence 
caused by the hostility of the North against the institution of 
slavery in the South — referring to the conflict over Missouri. 
In the churches. Southern christians were denied communion 
because of what the North styled the "leprosy of slavery." In 
violation of the Constitution and laws Southern people were 
refused permission to pass through the North with their prop- 
erty. The South was refused a share in the lands acquired 
mainly by her diplomacy, blood and treasure. The South was 
robbed of her property, and restoration was refused. Criminals 
who fled North were protected and Southern men who sought 
to recover their slaves were murdered. Southern homes were 
burned and Southern families murdered. This had been endured 
for years, and there was no hope of better. The Republican 
platform was a declaration of war against the South. It was 
hostile to domestic peace, reproached the South as unchristian 
and heathenish and imputed sin and crime to that section. It 
was a strong incitement to insurrection, arson and murder 



S>2 Early History of Huntsville, Ala. 

among- the negroes. The Southern whites were denied equality 
with Northern whites, or even with free negroes, and were 
branded as an inferior race. The man nominated for president — 
Lincoln — disregarded the judgment of courts, the obligations 
of the Constitution, and of his oath by declaring his approval 
of any measure to prohibit slavery in the territories of the 
United States. The people of the North branded the people of 
the South as outlaws, insulted them, consigned them to the 
execration of posterity and to ultimate destruction. 

"Is it to be expected that we will or can exercise that God- 
like virtue that beareth all things, believeth all things, hopeth 
all things, endureth all things ; which tells us to love our ene- 
mies, and bless them that curse us? Are we expected to be 
denied the sensibilities, the sentiments, the passions, the reason, 
the instincts of men ? Have we no pride, no honor, no sense of 
shame, no reverence of ancestors and care for posterity, no 
love of home, of family, of friends? Are ye to confess base- 
ness, discredit the fame of our sires, dishonor ourselves and 
degrade posterity, abandon our homes and flee the country — all 
— all — for the sake of the Union? Shall we live under a gov- 
ernment administered by those who deny us justice and brand 
us as inferiors? Whose avowed principles and policy must 
destroy domestic tranquillity, imperil the lives of our wives and 
children, and ultimately destroy the State? The freemen of 
Alabama have proclaimed to the w^orld that they will not."^ 

DISUNION SENTIMENT AND SECESSION 

We have observed that as early as 1854 at an election held 
in the county for the purpose of ascertaining public sentiment, 
"Disunionists and abolitionists" were strongly condemned and 
reproached. This spirit of forbearance toward maintaining the 
Union was still strongly in evidence when the future policy of 
the State was up for consideration in ISfil. Some of Hunts- 
ville's most prominent and respected citizens were pronounced 
"Union Whigs" and opposed disunion. But when the ordi- 
nances of secession were passed they cast their lot with the 
"Republic of Alabama," and remained throughout the war 
steadfast and faithful to the cause of the Confederacy. 

In describing the problems confronting the South for the so- 
lution of which, as to Alabama, a convention was held, Mr. 
Fleming, in his "Civil War and Reconstruction in Alabama" 

1 Civil War and Reconstruction in Alabama, Fleming, page 25. 



Early History of Huntsville, Ala. 



93 



(page 27) says: "With Lincoln as president, the abolitionists 
would soon control the Supreme Court, and then slavery would 
be abolished in the Federal district and the territories. There 
would soon be a majority of free states large enough to alter the 
Constitution and to destroy slavery in the states. The state of 
society with four million negroes turned loose, would be too 
horrible to contemplate, and the only safety for Alabama lay in 
secession, which was within her right as a sovereign state. The 
Federal Government was established for the protection and not 
the destruction of rights ; it had only the powers delegated by 
the states and hence had not the power of coercion. Alabama 
was devoted to the Union but could not consent to become a 
degraded member of it. The State in seceding ought to con- 
sult the other Southern States ; but first, she must decide for 
herself, and co-operate afterwards. The convention, the gov- 
ernor said, would not be a place for the timid or the rash. Men 
of wisdom and experience were needed ; men who could deter- 
mine what the honor of the State and security of the people 
demanded, and who had the moral courage to carry out the dic- 
tates of their honest judgment." 

"On January 7th, every one of the one hundred delegates 
was present. It was a splendid body of men, the best the people 
could send." 

The delegates to the convention were composed of "seces- 
sionists," who wanted Alabama to withdraw from the Union 
without regard to the action of the other states ; "co-operation- 
j(sts," who were not in entire accord ; some wanted co-operation 
of the Southern States with the Union in order to force their 
rights from the central government ; while others of them 
wanted the Southern States to come to an agreement within 
the Union and then secede, and form a Confederacy ; still 
others wanted the cotton states to have a clear understanding 
among themselves before seceding. 

The secessionists were in the majority and controlled the 
convention. North Alabama voted with the minority, the 
"co-operationists." Three of the minority leaders, seven in 
number, were from Huntsville : Nicholas Davis, Jeremiah 
Clemens, and David P. Lewis ; all of whom afterwards became 
doubtful of the fortunes of war and "went over to the enemy." 

When the convention settled down to business, practically 
the only question presenting itself was, "How to secede ?" The 
first resolution which was unanimously adopted was "that the 



^ Barly History of Huntsville, Ala. 

people of Alabama would not submit to the administration of 
Lincoln and Hamlin." 

Madison's delegates, like those from other North Alabama 
counties, opposed the majority and were styled "obstruction- 
ists." Among the most prominent of these was Davis, who 
threatened armed resistance by North Alabama to the measures 
adopted in the convention, and insisted on a submission of the 
measures to a popular vote, for ratification. Mr. Davis later 
changed his views, probably realizing that his former remarks 
were hasty and improvident, declaring that he and all North 
Alabama would cheerfully stand by the State in the coming 
conflict. Jeremiah Clemens was at first an "obstructionist," but 
later became less conciliatory toward the Union and opposed 
sending a commission to treat with the government at Wash- 
ington. Upon the secession of the State and the forming of 
the Republic of Alabama, Clemens was placed in command of 
its troops. 

Huntsville and Madison county freely and without resent- 
ment accepted the will of the State, and busied themselves 
about making ready for the changed conditions. Loyalty to 
the "Republic of Alabama" was universal and pronounced, even 
on the part of all those leaders who had opposed unconditional 
secession. 

After the adoption of the ordinances of secession, the leaders 
of the victorious majority stepped aside and handed over to the 
minority leaders, to a great extent, the reins of authority ; for 
the sake of harmony, entrusting to them the work of organizing 
the new government. Alabama sent nine delegates to the Pro- 
visional Congress, three of whom, R. H. Walker, David P. 
Lewis and Dr. Thomas Fearn, all anti-secessionists, were 
from Huntsville. 

Following close upon the heels of these proceedings by the 
State, war with the North became imminent. So intense was 
the feeling that no middle ground could be occupied ; one was 
either for, or against the State and loyal to its interests. 

There were to be found among the mountains of North Ala- 
bama and southern and eastern Tennessee, many "tories," 
parties afraid to declare themselves for either side. Usually 
they leant toward the side of power. So great did the disaffec- 
tion among the mountain people become that during the early 
part of 18G1 a propaganda was put out, by them, for the form- 
ing of the free State of "Nick-a-Jack." The name chosen 



Early History of Himtsville, Ala. ^ 

being that of an Indian village in Jackson county, Alabama. - 
The tories promoting this scheme had as their object the estab- 
lishment of a new State to be carved out of Alabama and Ten- 
nessee, in much the same fashion as West Virginia was formed 
from Virginia by the tories and Union sympathizers of that 
State. The government was to be neutral, neither a member of 
the Confederacy, nor of the Union ; a sort of city of refuge for 
themselves and other cowardly scamps. The plans met with 
no general support and failure resulted. Throughout the war 
and during Reconstruction this same breed of vultures preyed 
upon the people of this section. Vampires they were, gorging 
their lusts, passions, and prejudices. 

CONDITIONS DURING THE WAR 

Montgomery having been selected as the first capital of the 
Confederate States of America, all Alabama was astir with 
war-like preparations and activities. Huntsville became the 
seat of things generally for North Alabama. Here, during the 
early part of 1861, four thousand Confederate soldiers were 
stationed, awaiting supplies and equipment. They remained 
here several months before they could be armed for the field. ^ 

Devotion and loyalty to the South's cause, and a firm belief 
that it was right and just in the eyes of God and man were 
manifest on all sides. The energies of the entire community 
were rendered in a supreme effort, continuing throughout the 
four years of bloodshed, to uphold the honor of the State and 
the South. 

The women of the South, fittingly denominated the "Women 
of the Confederacy ;" from the first, gave untiringly, lavishly, 
and cheerfully of their very best for the success of the Confed- 
eracy. Their labors were consecrated upon the altars of love 
and devotion. Thrughout those four years of untold and inde- 
scribable hardships and privations, they suffered and endured, 
without murmur, as only women can suffer and endure. They 
yielded to the sword of the enemy, without protest and without 
reproach, their loved ones ; and when the war was ended and 
their battle-scarred heroes returned home, foot-sore and weary, 
broken in health and spirit, these same noble women by their 
own heroic example of fortitude and unselfish devotion sus- 
tained them in their determination and endeavor to reclaim 

2 Civil War and Reconstruction in Alabama, Fleming, page 111. 

3 Civil War and Reconstruction in Alabama, page 80. 



96 



Early History of Huntsville, Ala. 



their own, this beloved Southland, and save the shattered rem- 
nants of its glory and its grandeur from the rapacious maw of 
those goths and vandals, the Carpet-bagger and the Scalawag. 

During the early years of the war there was organized at 
Huntsville a "Ladies' Humane Society," whose object was to 
make endurable the life of the Confederate soldier at the front. 
Every month throughout the war, this society sent large boxes 
of clothing and supplies, and tokens of love and affection, to 
the men in the ranks from North Alabama.* Much, if not all, the 
clothing, including the uniform worn by the Confederate sol- 
diers from Huntsville, and throughout the entire South as 
well, were made by the hands of the women of the Confed- 
eracy. Verily did they sustain the armies of the Confederacy 
and make it possible to keep them in the field those awful four 
years. 

Religious organizations at Huntsville contributed, both spir- 
itually and substantially, to the Confederate cause. When 
companies departed for the front, special religious services 
were held and divine blessings were invoked upon them and the 
Confederate States of America. Sectarianism was merged into 
a solidified Christian body and thus they labored throughout 
the war. 

In the early part of 1861 the Episcopal, Methodist, Presby- 
terian and Cumberland Presbyterian Churches dismantled their 
spires of bells, and sent them to Holly Springs, Mississippi, 
where they were smelted and cast into cannon, to be known 
as the "Bell Battery of Huntsville." Though given to the 
Confederate States of America at such noble sacrifice, this bat- 
tery served only a very limited time, as it was captured by the 
Federals on April 11, 1862, in a raid on Huntsville.'' 

CONDITIONS RESULTING FROM FEDERAL RAID IN 1862 

Huntsville did not fall into the hands of the Federals until 
April 11, 1862, when General O. M. Mitchell raided North 
Alabama.'' Probably the greatest destruction and loss of prop- 
erty, throughout all Alabama during the war was effected when 
the Federals took possession of Huntsville. Here they cap- 
tured and confiscated practically all the rolling stock of the 
Memphis and Charleston Railroad, which had been collected 

4 civil War Jiiul Reconstructiou in Alabama, page 244. 
B Civil War and Reconstruction in Alabama, page 224. 
6 Civil War and Reconstructiou in Alabama, page 62. 



Barly History of Himtsville, Ala. 97 

at Huntsville pending removal to a more secure place. This 
irreparable loss was caused through the treachery of a tele- 
graph operator. The railroad shops located here were com- 
pletely demolished. Upon evacuating Huntsville the Federals 
burned all bridges along the system throughout North Ala- 
bama, tore up the tracks, heated the rails and cured them 
around trees so as to render them unfit for further use, and 
burned and wrecked all other property belonging to the road. 
By the end of the war the company had lost all its tangible 
property, and in addition thereto $1,195,166.79 invested in se- 
curities of the Confederate States of America.'^ A consider- 
able portion of this loss was upon the citizens of Huntsville and 
Madison county, who were heavy investers in the company. 
As a concomitant of this raid, many of Huntsville's most promi- 
nent and beloved citizens were made prisoners and taken North, 
as a sort of hostage, where they were confined. A Federal 
army post was established at Huntsville upon the withdrawal 
of the raiders. 

As a result of this raid, conditions in and about Huntsville 
became very unsettled, being filled with explosive possibilities. 
This unrest was especially prevalent among the class known as 
"tories." Their inherent cowardice made of them a ready prey 
to their fears and apprehensions. In 1862 Clement Comer Clay 
stated, "Huntsville is the center of disaffection." 

The community was filled with deserters from the Confed- 
erate ranks ; some coming from the commissioned ranks, 
"tories," "renegades," and "traitors" abounded. These un- 
principled wastrels often acted as spies and aided and abetted 
the Federal troops in their carnival of pillage and outrage 
against the defenseless ones of the community. Much of the 
carnage and vandalism visited upon the community was at the 
hands of these dastardly wretches themselves, under the pro- 
tection or with the connivance of the federal troops. Many 
were the instances of murder, rapine and arson committed by 
these utlaws, under the guise of federal authority or while 
wearing the uniform of the federal soldier.^ 

From accounts of these despicable characters, it would seem 
that their lust for blood was oftentimes indulged just to make 
a "Roman holiday." One of the most atrocious of crimes on 
record occurred when "twenty federals or disguised tories, led 

7 Civil War and Reconstruction in Alabama, page 259. 

8 Civil War and Reconstruction in Alabama, page 117. 



98 



Early History of Huntsville, Ala. 



by a tory from Madison county, killed an old man, his son, a 
nephew and his son and murdered a fifth person by throwing 
him into the Tennessee river. When he caught hold of the 
branches on the bank, they beat and shot him until dead." 
Death was the penalty paid by one enrolling men into the Con- 
federate ranks. One such ofificer was forced to wade into the 
river, where he was shot to death from the bank. Bloody vio- 
lence was done almost daily. Overseers who had concealed 
stock from the raiders were hung. A Confederate officer was 
robbed of several thousand dollars and then driven from the 
county.^ 

These marauding outlaws facetiously styled themselves "De- 
stroying Angels."" Again, in 1863, Huntsville was invaded by 
federal troops under General Stanley. Large quantities of 
stores and supplies were seized and carried off. Other than 
this, however, no outrages were committed or violence inflicted 
upon the inhabitants.^^ 

Not only were the inhabitants of the town and county ter- 
rorized and preyed upon by these vultures, but the merest 
detail of life and commercial activity was circumscribed by the 
martial law, enforced by the federal troops stationed at the 
army post here. All business was regulated and supervised 
at their sweet will ; all stores and supplies were in their hands 
and at their mercy. Prices (to those loyal to the Confederacy) 
on all articles of clothing, and food were raised to heights 
hitherto unknown. Even the necessaries of life could be pur- 
chased only for cash with federal currency. The brutality of 
this last measure — whereby only federal currency was recog- 
nized as a medium of exchange — can scarcely be imagined, so 
broad and disastrous was its effect. The suffering and hard- 
ships produced thereby cannot be described. Suffice it to say, 
this measure served to make all things practically prohibitive to 
those loyal to the South. The people had no federal currency 
and little enough Confederate currency. 

From time to time the officer in command at Huntsville 
established the charges to be made for articles of general use, 
as for example : 

"Green tea, — poor quality, — per pound $4.00 

Common rough trousers, per pair $13.00 

9 Civil War and Reconstruction in Alabama, page 119. 

10 Civil War and Reconstruction in Alabama, page 120. 

11 Civil War and Reconstruction in Alabama, page 76. 



Early History of Huntsz'ille, Ala. 99 

Boots, per pair $25.00 

Shoes, per pair "$5.00-$13.00" 

After the establishment of the federal army post here in 
1862 Colonel Horner was made provost-marshal at Huntsville. 
During- his regime many outrages were perpetrated by him 
upon private citizens, non-combatants. He it was that sum- 
moned before him, as such marshal. Dr. Thos. Fearn, and 
Reverends Banister and Ross to answer certain questions pro- 
pounded by him ; upon their refusal — the very thing he most 
desired — they were to be banished from the county. This, and 
many other such acts of wanton abuse were heaped upon the 
heads of the defenseless citizens at the suggestion and upon the 
advice of Jeremiah Clemens and Judge Lane, as history has 
already recorded. ^^ 

Under the supervision of the altruistic ( ?) government at the 
North, the federal troops in this vicinity confiscated the ele- 
gant home and properties of Ex-Governor Reuben Chapman, 
in 1863, to the use of a negro regiment, and banished Governer 
Chapman from the county, after confining him in prison for a 
time. The house was finally burned. Toward the latter part 
of the war and during the miserable years following thereafter, 
this plantation was used as a camp for refugee negroes. It is 
estimated that before August, 1864, several hundred negroes 
were received and there supported in profligate idleness by the 
federal government. Chaplain Stokes was in command of the 
Camp.i* 

It was no uncommon thing for federal officers to desert, 
while stationed in the South. The possibilities of wealth and 
aggrandizement were the prime causes for such action. The 
business most generally taken up by them, was speculating in 
cotton. Though others directed their efforts toward obtaining 
monopolies of the business interests of the town and public util- 
ities. One striking instance of the tempting influence of this 
speculative fever was to be found at Huntsville, where a former 
beef contractor for the federal army, having grown rich in cot- 
ton speculations, owned and controlled nearly all of the com- 
mercial interests of the town, including both hotels, the water 
works and gas plant. Needless to say exorbitant charges were 

12 Civil War and Reconstruction in Alabama, page 180. 

13 Civil War and Reconstruction in Alabama, page 64. 
1* Civil War and Reconstruction in Alabama, page 421. 



100 Early History of HxmtsviUe, Ala. 

exacted for all things, by this free booter, whose sole purpose 
was to loot the community of its last farthing.^^ 

As the years rolled past conditions grew infinitely worse. 
The continued presence of the federal troops only rendered 
the situation more desperate and depraved. Huntsville became, 
as it were, a haven of refuge for the worst class of man known 
to history, though present with us throughout the ages — the 
"deserter." These traitors to the Confederate cause who 
flocked here, were infinitely more destitute of principle and 
unmerciful in their depredations on the community than any 
federal soldier ever dared to be. 

PROMINENT DESERTERS AND TORIES 

This same title may be found at page 124 of Fleming's Civil 
War and Reconstruction. This alone does not excite our 
curiosity. However, it is with an increasing interest that we 
read the text of that subdivision, and great is the humiliation 
and chagrin when we find that four out of the five men in all 
Alabama, whose conduct was such as to cause their names to 
be enrolled under this caption, were from Huntsville. 

The author yields to the superior abilities of Mr. Fleming, 
and here quotes the text of his work dealing with these four 
men : 

"General Jeremith Clemens, who had been in command of 
the militia of Alabama with the rank of Major-General, became 
disgruntled and went over to the enemy. In the secession 
convention, Clemens had declared that 'he walked deliberately 
into rebellion,' and was prepared for its consequences. He 
first opposed, then voted for, the ordinance of secession, and 
afterwards accepted the office of commander of the militia 
under the 'Republic of Alabama.' For a year Clemens was 
loyal to the 'rebellion,' but in 1862 he had seen the light and 
wished to go to Washington as the representative of North 
Alabama to learn from President Lincoln in what way the 
controversy might be ended. The Washington administration, 
by that time, had little faith in any following he might have, 
and when Clemens with John Bell started for Washington, 
Stanton advised them to stay at home and use their influence 
for the Union." This former United States Senator from 
Alabama — 1849-1853, now a despised deserter, spent much of 
his time within the saf ety of the Union lines about Nashville, 

IB civil War and Reconstruction In Alabama, page 194. 



Early History of Huntsville, Ala. 1<^1 

from where he harassed and persecuted the people of this 
section, his former neighbors and friends, those who had hon- 
ored and respected him. He finally went North where he was 
known as the "Arch Traitor," and died at Philadelphia a few 
years after the war. 

"Georg-e W. Lane, also of Madison county, was a prominent 
man who cast his lot with the federals. Lane never recognized 
secession, and was an outspoken Unionist from the beginning. 
He was appointed federal judge by Lincoln and died in 1864. 
In April, 1861, Clemens wrote to the Confederate Secretary of 
War that the acceptance of a United States judgeship by Lane 
was treason and the North Alabama men would gladly hang 
him. General O. M. Mitchell seemed to think that the negroes 
were the only truly loyal, but he recommended in May, 1862, 
that when a military government should be established in 
Alabama, George W. Lane, the United States district judge 
appointed by Lincoln, be appointed military governor. Lane's 
faded United States flag still flew from the staflF to which he 
had nailed it at the beginning of the war, and his appointment 
as governor, Mitchell thought, would give the greatest satis- 
faction to Huntsville and all North Alabama. 

"David P. Lewis, of Madison county, a member of the seces- 
sion convention of 1861, voted against secession, but signed 
the ordinance, and was elected to the Provisional Congress by 
the convention, and in 1863 was appointed circuit judge by the 
governor. This position he held for a few months and then 
deserted to the federals. During the remainder of the war he 
lived quietly at Nashville." 

"Another prominent citizen of Madison county. Judge D. C. 
Humphreys, joined the federals late in the war. Humphreys 
had been in the Confederate army and resigned. He was ar- 
rested by General Roddy on the charge of disloyalty. It is not 
known that he was ever tried or put into prison, but in January, 
1865, Hon. Clement Comer Clay, and other prominent citizens 
of Huntsville, of Southern sympathies, all old men, were ar- 
rested and carried to prison at Nashville, as hostages for the 
safety of Humphreys, who had been released by order of the 
Confederate War Department, as soon as the rumor of his 
arrest reached Richmond. Later Humphreys became a mem- 
ber of the first Carpet-bag Legislature of Alabama, and finally 
judge of the Supreme Court of the District of Columbia.^'' 

16 Civil War and Reconstruction in Alabama, page 404. 



1<^ Early History of Huntsville, Ala. 

He was known at the North as the "Crazy Man." After the 
close of the war he returned to Alabama to garner the spoils of 
Reconstruction and became the contending man for the pro- 
visional governorship of Alabama under the "Carpet-bag" ad- 
ministration." 

CONDITIONS TOWARD CLOSE OF THE WAR 

As the power and strength of the Confederacy waned, dis- 
affection among a certain element in this part of the State 
became marked, and manifested itself from time to time in 
various ways. This hostility toward the Confederacy did not 
go unapplauded or unaided by the federal government. The 
fomentation of internal strife and discord was by no means a 
small part of the duties to be performed by the officer in com- 
mand of a Union army post in the South. 

Their efforts were augmented by the energies of the "Arch 
Traitor," Clemens, and the "Crazy Man," Humphreys and 
Judge Lane, who figured as advisers to their friends and for- 
mer fellow citizens in recommending submission. During the 
early part of 1864 Union meetings were being held in those 
parts of North Alabama subjugated by federal troops. These 
meetings were encouraged and protected by the Union officers 
in command. On march 5th of this year a thinly attended 
reconstruction meeting was held in Huntsville, at which Clem- 
ens presided. Orthodox, anti-Confederate and strong Union 
speeches were made by both the "Arch Traitor" and the "Crazy 
Man." The latter of whom submitted some elaborate plans 
for immediate return to the Union, calling upon the governor 
to hold a convention to consider a return to the Union." 

Early in 1865 peace meetings were held throughout Ala- 
bama, Georgia and Mississippi. Commissioners were sent to 
Washington and tories and deserters organized. This peace 
party expected to gain the August elections and elect as gov- 
ernor J. C. Bradley, of Huntsville.^** The local chapter of this 
peace society was known as the "Union or Loyal League."^'' 

The character of warfare, conducted in these parts, grew 
infinitely worse and less considerate of non-combatants, as the 
endurance of the South and the superior fighting qualities of 
the Confederates gave way — respectively — to superior re- 
sources and numbers. In some instances, notably the treatment 

17 Civil War and Reconstruction in Alabama, pages 143-145. 

18 Civil War and Reconstruction in Alabama, page 146. 
10 Civil War and Reconstruction in Alabama, page 556. 



Early History of Huntsville, Ala. 103 

of Captain F. B. Gurley, of this county, the ordinary rules of 
comity and warfare were not reco2:nized. Honorable victory 
on the field of battle was not enous^h. The South must be 
crushed and her leaders humiliated and made to pay the pen- 
alty. No amount of persecution was sufficient to satiate the 
inordinate thirst for reven<^e of some of the federal command- 
ers. Mr. Fleming: tells us in his graphic way of the treatment 
accorded that gallant and fearless cavalry commander, Captain 
F. B. Gurley, who yet lives in this county, a short distance 
from the town which bears his name : "In a skirmish in North 
Alabama, General R. L. McCook was shot by Captain Gurley 
of Russell's Fourth Alabama Cavalry." The opposing forces 
consisted of regular enlisted and commissioned soldiers and 
officers, on both sides, not free hooters and 'bush-whackers,' but 
duly accredited commands. Shortly after the Confederates 
engaged the federals, the latter were routed and General 
McCook attempted his escape in a carriage. In the hand-to- 
hand engagement which ensued during the running fight the 
occupant of the carriage, though unknown at the time, was 
wounded by a shot fired by Captain Gurley as he passed the 
conveyance in pursuit of the fleeing enemy. The report was 
spread through the federal ranks that Captain Gurley had 
slipped upon the ambulance train bearing the wounded from 
the engagement and had fired upon and killed General McCook, 
while he lay helpless upon a stretcher in one of the wagons. 
Continuing, Fleming says : "The federals spread the report 
among the soldiers that he had been murdered, and as the fed- 
eral commander reported, 'many of the soldiers spread them- 
selves over the country and burned all the property of the 
rebels in the vicinty, and shot a rebel lieutenant who was on 
furlough.' Even the house of the family who had ministered 
to General McCook in his last moments was burned to the 
ground. The old men and boys for miles around were arrested. 
The officer who was shot was at home on a furlough and sick. 
General Dodge's command committed many depredations in 
retaliation for the death of McCook. A year later Captain 
Gurley was captured and sentenced to be hanged. The Confed- 
erate authorities threatened retaliation, and he was then treated 
as a prisoner of war. After the close of the war he was again 
arrested and kept in jail and in irons for many months at Nash- 
ville and Huntsville. At last he was liberated."-" 

20 Civil War and Reconstruction in Alabama, page 65-GG. 



IW Early History of Huntsville, Ala. 

No men, except the aged and infirm were left in the country. 
The population was composed chiefly of women and children. 
The people suffered fearfully, and many of them had to leave 
the country in order to live. 

As the Germans are accused of doing in the present Euro- 
pean war, the federals made it a rule to hold a community re- 
sponsible for all attacks upon Union troops by the Confederate 
soldiers. As for instance, — and by no means an uncommon one 
— in 18f)4 General M. L. Smith ordered the arrest of "five of 
the best rebels," in the vicinity of a Confederate attack on one 
of the companies, even going so far as to arrest five more 
near the place where a Union sympathizer had been assaulted. ^^ 

FREEDMAN'S BUREAU 

The Freedman's Bureau, ostensibly a labor and employment 
bureau, was established at Huntsville some time during the 
early part of 1865. At first these bureaus were conducted by 
the federal military authorities, but after the war their manage- 
ment was entrusted to "loyal Union men," "Carpet-baggers." 
These institutions, if properly conducted, might have been of 
inestimable worth to the nation as a whole, serving in a large 
measure to readjust the shattered economic conditions at the 
South. But such was not their purpose, and as a consequence 
their presence threatened the very existence of civilization at 
the South, and for a time substituted Ethiopian for Caucasian 
supremacy. These, and many other such influences, created a 
pressing necessity for some sort of social regulator. And out 
of these conditions logically resulted the "Invisible Empire" 
whose mandates were executed by the Ku-Klux-Klan. 

The veteran who wore the gray, after Lee's surrender, 
returned to his former home, neither ashamed nor afraid for 
the course so lately and vigorously pursued. He accepted the 
fortunes of war with heroic resignation and yielded his weap- 
ons of destruction without protest or shame, and returned to 
the pursuits of civil life with that same determination and in- 
domitable will and energy which had made of him such a 
formidable foe. He was in no wise daunted or abashed to find, 
upon his return, all his former slaves supported and protected 
in dangerous idleness, and incited to insulting behavior by the 
bureau ; his plantation grievously suffering from protracted 
neglect, but worst of all, his house burned and no hand to 

21 civil War and Reconstruction In Alabama, page 66. 



Early Hist ory of Huntsville, Ala. 105 

assist in the erection of another. Stripped of every vestige of 
property and personal effects. 

The former slaves, dazed and bewildered as they were by 
sudden emancipation from work and the necessity therefor as 
a means of support, to a f reedman ; a process of evolution 
wholly beyond their comprehension ; deserted the plantation 
and flocked to the bureau or refugee camps ; where they re- 
ceived, without charge, from the government, food, clothing, 
shelter and medical attention — from which the mortality was 
great. Thus supported in idleness and encouraged to laziness, 
the negro became a prey to all sorts of vagaries. They were 
lead to believe that when the war was over each would receive, 
at the hands of the federal government "forty acres and a 
mule," the property of the former master. Even to this day, 
there may, in rare instances, be found an old ex-slave who is 
still holding to the idle dream that this dispensation is yet to 
come. 

There was usually great dispute between the slaves as to 
who was to get the forty acres upon which was situated the 
"big house" — the plantation home of the master. 

So firmly had these fancies and the inclination to continue 
idle fastened themselves upon the subject, that even the bureau 
and military authorities became alarmed. To forestall the 
further spread of such demoralizing tendencies, the federal 
authorities, in 1865, issued an order requiring all negroes at 
Huntsville to go to work, or to be forced to do so by the troops. 

In justice to the ex-slave, be it said, this dilemma was prob- 
ably not wholly his own blame ; for the bureau controlled every 
phase of life and activity in the community, and complete 
charge was taken of the negroes. Servitors by nature and 
training, they naturally looked to the "master" for direction. 
The activities of the bureau, instead of being an aid to useful 
employment of the ex-slave's time, were its worst hindrance, 
as we shall see. 

Primarily, the conditions of labor under the old relation of 
"master and slave" did not exist. A new order of things was 
to be faced. Its solution was by no means an easy problem ; 
for during the four years of war practically all commercial and 
agricultural activities had been suspended at the South. The 
men were off on the field of battle. The financial resources of 
the community were exhausted. Federal currency was un- 
known, or nearly so. Confederate currency was little more 
than a mythical term to most of the inhabitants, and it was not 



1^ Barly History of Himtsville, Ala. 

legal tender in those sections controlled by Union forces, as was 
Huntsville. 

Labor could only be employed under the supervision of the 
bureau. Wage scales were established and enforced by the 
federal authorities. Such a scale was put in force at Hunts- 
ville in 1864 by the "Freedman's Home Colony" : 

"No. 1 Hands, male 18-40 years of age, minimum wage per 
month $25.00. No. 2 Hands, male 14-18 years of age, mini- 
mum wage per month $20.00. No 3 Hands, male 12-14 years 
of age, minimum wage per month $15.00. Corresponding 
classes of women $18.00, $14.00 and $10.00 per month, respec- 
tively."22 

In addition to these minimum wages to be paid by the 
planter, he was required to take care of the young children of 
the family hired by him ; to furnish without charge a separate 
house for each family, with an acre of ground for a garden, 
and without charge, medical attention for the entire family, and 
schooling for the children ; to sell food and clothing to the 
employee at cost, and lastly, to pay for full time unless the 
laborer was sick or refused to work.^^ 

In view of the depleted economic and financial condition of 
the South, to hold that the ex-slave could only be employed on 
such terms and at such exorbitant wages to be paid in United 
States currency, was grossly unfair to both employer and 
employee. Such restrictions rendered employment practically 
prohibitive. So we are not surprised to learn that in 1864 only 
two hundred and five of all the ex-slave population of the 
county had obtained employment. 

These labor contracts had to be in writing and receive the 
sanction of the bureau or military authorities, and witnessed 
by a "friend of the freedman." Either party breaking the 
contract was subject to trial by the provost-marshal or a mili- 
tary commission. The property of the employer was liable to 
seizure for wages. 

So long as these institutions were administered by the mili- 
tary authorities no charge was made the freedman for prepar- 
ing the labor contracts, and the negro thought the bureau his 
best friend. Later, at the close of the war, the bureaus were 
turned over to the civil authorities and "carpet-baggers" were 

22 Civil War and Reconstruction in Alabama, page 41G. The Freed- 
man's Home Colony" was supplanted in 1805 by the "Freedman's 
Bureau." The pur])ose and the work of the two were identical. 

23 Civil War and Reconstruction in Alabama, page 423. 



Early History of Huntsville. Ala. 107 

put in charge. Then a fee of $3.00 was charged the negro for 
each contract. This produced among them a revulsion of feel- 
ing. They became suspicious and distrustful of the bureau. 

So strong and vindictive did this hate of the "carpet-bag" 
agents of the bureau become among the negroes in Madison 
county, that on March 12, 186G, some negroes of Huntsville 
and vicinity, tarred and feathered one of the bureau agents who 
had been charging them $1.50 for each contract.-* The bureau 
authorities even went so far as to try title to and settle disputes 
over property, between slaves and their former masters. Many 
instances might be cited, but for present purposes, one such 
happening at Huntsville will suffice : 

General Thomas ordered a military commission to arrogate 
to itself authority to settle a dispute over the home of a wid- 
owed white lady, as between her and her former slave, with the 
result that she was turned out, and the negro given possession 
of the property.-^ 

On the slightest pretext the bureau authorities intervened. 
Many are the instances of persecution and injustice heaped 
upon the Southern whites by these alien and rapacious agents. 
Their prejudices were strongly against the whites and in favor 
of the blacks. There was, however, no purpose of bettering the 
condition of the negro, but solely to punish the whites. As 
they conceived it, retribution and revenge could be more smart- 
ly inflicted by forcing the former master to receive his ex-slave 
as a social equal and a political superior, than by any other 
means. 

It was of common occurrence that prominent citizens, mem- 
bers of the proudest and most unyielding of all races, were 
arrested, placed in chains, in some instances, and dragged 
before the bureau agent, and there in the presence of their 
former slaves, humiliated, insulted and abused, all, all for the 
amusement of the agents, and the damning effect it would have 
over the negroes. Even they were protected and incited to heap 
opprobrium on their former friends, their old masters. Nor 
were their outrages alone confined to this form of torture of 
the whites and protection of the blacks. The latter were 
shielded from all harm and permitted and incited to villanies 
and crimes with the approval of the authorities, provided, of 
course, these acts of wantonness were against Southern whites. 
Even the law itself was not permitted to take its course with 

24 Civil War and Reconstruction in Alabama, page 435. 

25 Civil War and Reconstruction in Alabama, page 416. 



108 



Early History of Huntsville, Ala. 



negro criminals, as for instance : "In 1866, two constables 
arrested a negro charged with house burning in Tuscumbia, 
Alabama. Col. D. C. Rugg, the bureau agent at Huntsville, 
raised a force of forty negroes and went to the rescue of 
the negro criminal." Coming up with the officers as they were 
about to board the train with the criminal, he said, "If you 
attempt to put that negro on the train, blood will be shed. I 
am acting under the orders of the Military Department. These 
men — the negroes — are not going to let you take that prisoner 
away, and blood will be shed if you attempt it."-® All this, 
in order that the culprit might be taken before the bureau agent 
and acquitted after a mock trial. 

In conjunction with the Freedman's Bureau, schools for 
freedmen were operated. Shortly before the close of the war 
three of these schools were established at the refugee camps in 
the county. Two of them were in Huntsville ; one being on 
Ex-Governor Chapman's plantation, which was confiscated to 
the use of negro troops early in 1862, as above mentioned. 
After the war, schools for the freedmen became very numerous. 
Another was opened at Huntsville by the "Pittsburgh Freed- 
men's Aid Commission." All these schools were taught by 
Northern whites.^'' From this time forward, all sorts and kinds 
of missionary, educational and benevolent societies and com- 
missions, financed at the North, and projected and authorized 
by Congress, began to operate throughout the South. The 
meagre success and good accomplished by these institutions, 
but demonstrated the fallacy of wisdom, theoretically applied, 
at long range, and sense at short taw. 

There was the wildest desire among the blacks, both old 
and young, to learn to read and write. The older ones wanted 
to learn to read the Bible. Little or no progress along purely 
educational lines was made by the pupil ; which fact justly 
discouraged and dampened the ardor of the more conscientious 
of their white teachers. The number of negroes learning to 
read in these schools was practically negligible. 

In these schools, as a rule, reading and writing were not the 
essentials taught ; but on the contrary, distrust and bitter hatred 
of the former master was hammered into the ignorant, gullible 
subject. The ex-slave was made to believe that it was a special 
charge upon his dignity, as a freedman to upbraid, shun, 

20 Civil War and Reconstruction in Alabama, page 441. 

27 Civil War and Reconstruction In Alabama, pages 458-460. 



Barly History of Huntsville, Ala. 109 

insult and de,2:rade Southern whites at all times and to lose no 
opportunity of making himself offensive to his former master 
in particular. The excuse given the negro for these incendiary 
teachings was that the former master wanted to re-enslave 
them and was their worst enemy. Assurances were repeatedly 
offered, that the bureau authorities were back of them and 
would protect them in any sort of villainy. 

The former master returned to his home after the war, with 
love and compassion in his heart for the faithful old negro, 
who had protected and cared for his wife and family during 
his absence on the field of battle. Harm him ! Such was not 
remotely in the thoughts of the Southern white. The dream 
of the former master to reward, protect and support these 
faithful negroes, was blasted and could have no enlarged appli- 
cation, so imbued had they become with the false doctrine re- 
ceived in the schools. Much of the strife between the whites 
and the blacks, after the war, was fomented in these so-called 
schools ; and schools they were, not of education, however, but 
of vice, hate and crime. 

In November, 1866, Brevet-Colonel J. B. Collis, of the Vol- 
unteer Reserve Corps, was put in command of the bureau at 
Huntsville.^^ Under his leadership the bureau branched out 
into politics, local and State, and was organized into some 
sort of a political "league." The membership consisted chiefly 
of negroes. Its purpose was to foist into position and power 
the "carpet-baggers," "deserters," and "scalawags," and scum 
of the earth generally, with which Huntsville was infested. 
The leagues held secret meetings, and pledged themselves and 
their membership to mutual protection. ^^ The negroes were 
especially suspicious and distrustful of Southern whites who 
had become "deserters and scalawags." Their respect for these 
moral perverts was no greater than that held for them by the 
men who wore the gray. One notable instance of this distrust 
is to be found, when the league at Huntsville refused admit- 
tance to one of its meetings in the court house, to a notorious 
"scalawag" of this community, who had formerly been a re- 
spected member of society. Little wonder that even the negroes 
were unwilling to align themselves with him, when we remem- 
ber that he had represented Madison county in the Secession 
Convention of 1861, an d was chosen to succeed Dr. Thomas 

28 Civil War and Reconstruction in Alabama, page 426. 
20 Civil War and Reconstruction In Alabama, page 557. 



110 Early History of Huntsville, Ala. 

Fearn in the Confederate Provisional Congress, and had com- 
manded a battalion in the war for a short while ; only for a 
short while, however, as his loyalty to his State and his people 
was of equally short duration. He went over to the enemy 
and after the war, embraced with alacrity the "carpet-bag" 
government and its principles and returned among his people to 
aid in the oppressions of reconstruction, and garner his share 
of its rich harvest.^'' 

FREEDMAN'S BANKS 

Allied with the Freedman's Bureau were savings banks, 
authorized by act of Congress and styled "The Freedman's 
Savings & Trust Company." This act received Mr. Lincoln's 
approval on March 5, 1865. The main office of the bank was 
at Washington. During the early part of the Reconstruction 
period three branches were established in Alabama, at, Hunts- 
ville, Mobile and Montgomery. Throughout the South many 
of the bureau agents were placed in charge of the branches. 
The fact that Lincoln had approved the plan and that it had 
the sanction of the federal government, made the banks at 
once popular among the negroes. 

A pass book was issued each negro depositor upon which 
was printed the rules and regulations governing. Also they 
were decorated with catchy, high sounding phrases, as: "Step 
by step we walk miles and we sew stitch by stitch. Word by 
word we read books, and cent by cent we grow rich," 

Six per cent interest was paid time depositors. This benefit 
was featured by printed matter on the pass book, illustrating 
how a saving of ten cents a day would amount to $489.31 at 
the end of ten years. 

Only those negroes in and around Huntsville became deposi- 
tors. Those in more remote sections of the county lived in 
ignorance of the existence of the bank. The Huntsville and 
Mobile branches were the largest and most prominent in the 
State. The amount of business done by the local branch, — as 
shown by the following table, — during the first three years of 
its existence, is surprising. 

The interest paid on long time deposits in 18G8 — the first 
year — was $38.02. In May, 1869, the total deposits amounted 
to $17,603.29. The statement of the condition of the bank on 
March 31, 1870, reveals: 

80 Civil War and Reconstruction in Alabama. 



Early History of Huntsville, Ala. 



Ill 



Total deposits to March 31, 1870 $89,445.10 

Total number of depositors 500 

Average amount deposited by each — 17.89 

Drawn out to March 31, 1870 70,586.60 

Balance to March 31, 1870 18,858.50 

Average balance due to each depositor 47.114 

Spent for land— known 1 ,900.00 

Dwelling houses - 800.00 

Seeds, teams, and agricultural implements 5,000.00 

Education, books, etc 1,200.00 

The affairs of the local branch during the month of August, 
1872, were in splendid shape, and indicate rapid growth : 

Deposits for the month $ 7,343.50 

Drafts for the month 10,127.61 

Total deposits 416,617.72 

Total drafts 364,382.51 

Total due depositors 52,235.21 

Though the system continued to prosper, and its business 
increased, in 1874 it failed, through the fraud of its managers 
and employees ; entailing upon the negroes of the South a 
total loss of $3,299,201.00, and upon those at Huntsville a loss 
of $35,963.00. Lafayette Robinson, a negro, was cashier of the 
local branch when the system failed. 

Through the collapse of this monumental fraud, the work 
of the federal government in gaining the trust and confidence 
of the negro race was largely undone. He believed the Freed- 
man's Bureau had cheated him; and he became suspicious of 
all offers or efforts to aid him coming from the North, there- 
after." 

RECONSTRUCTION 

To no Southern reader of this chapter does the term here 
used, as the caption of this sub-division, convey the idea, that, 
beneficent processes of the orderly rebuilding of its material 
resources and the re-assembling and adjustment of its social 
and governmental functions, were now in operation in the 
South. To him the term is the perfect personification of all 
that is infamous, re-destruction rather than re-construction 
proper. 

81 Civil War and Reconstruction in Alabama, page 451-456. 



112 Early History of Huntsville, Ala. 

After the close of the war, and mihtary discipline was re- 
laxed, conditions became unspeakably depraved. Huntsville and 
her citizens suffered "depredation, robbery, murder, arson and 
rapine" at the hands of marauding hordes of "tories," "scala- 
wags" and federal and Confederate "deserters." The county 
was overrun with this scum of humanity, the flotsom and jet- 
sam of ignominy itself. For a great while the local traffic in 
whiskey was enormous. The streets were crowded with the 
drunken and debauched, and lawlessness stalked abroad un- 
bridled. These conditions were accentuated by the presence, in 
large numbers, of ladies of easy virtue ; who by their inde- 
cent demeanor in all places, and especially public thorough- 
fares, lent an air of degredation to the entire community. 

There can be little doubt that lawlessness had reached dan- 
gerous proportions, when we learn that the Provisional Gov- 
ernor Parsons, a "loyal" Union man, deemed it necessary to 
invest the mayor of Huntsville with special and extraordinary 
powers to suppress violence. These deplorable conditions were 
not confined to the town alone but existed throughout the 
county. 

Former citizens of the county, who had become "tories" dur- 
ing the war and through fear had left the country, now returned 
to vent their hate and avenge their own self-imposed dishonor, 
upon the defenseless, who had lain down the weapons of war 
and taken up those of peace. Their lust for blood and in- 
satiable desire for revenge knew no bounds and recognized no 
ties. Confederate veterans now pursuing the arts of peace, were 
deliberately shot and killed while seated with the remnants of 
their families around their firesides, and while at work in the 
fields.^^ 

These general conditions and special influences co-operated 
to make the seven years of reconstruction infinitely and inesti- 
mably more harsh, cruel and inhuman than the four years of 
bloody war itself. In addition thereto there was another spe- 
cific factor more potent than all these and wider in scope which 
threatened the very existence of civilization at the South; the 
Reconstruction Acts, passed by Congress, aided by Constitu- 
tional Amednment. 

The administration of these acts was largely entrusted to the 
illiterate and unknowing "carpet-bagger," who was aided in 
his persecutions by that most unprincipled of all men, the 

82 Civil War and Reconstruction in Alabama, pages 262-266. 



Early History of Huntsville, Ala. 113 

"scalawag," a coward by nature and a thug and grafter by 
preferment. These latter poisoned the already hostile mind of 
the "carpet-bagger." The author is wanting in ability to define 
either the genus "carpet-bagger," or "scalawag." This task 
has been undertaken by many worthy scribes but with less suc- 
cess than attended the efforts of Ryland Randolph, editor of 
the (Tuscaloosa) Independent Monitor; who, upon the appear- 
ance at Tuscaloosa of the "carpet-bagger," Lakin, (accom- 
panied by the "scalawag," Cloud), to take his seat as president 
of the University ; published in his paper of September 1. 1868, 
a warning from the Ku-Klux to both these men ; which con- 
sisted of a wood cut depicting two men hanging from the limb 
of a tree; one holding in his hand a carpet-bag with "Ohio" 
on it — the native state of Lakin — the other without even this 
meagre possession, representing the "scalawag," Cloud, and 
entitled, "A Prospective Scene in the City of Oaks, 4th of 
March, 1869." This cut was followed by this inscription : 

"Hang curs, hang! * * * Their complexion is perfect 
gallows. Stand fast good fate, to their hanging. * * If 
they be not born to be hanged, our case is miserable. 

"The above cut represents the fate in store for those great 
pests of Southern Society — the 'carpet-bagger and scalawag' — 
if found in Dixie's land after the break of day on the 4th of 
March, next. 

"The genus 'carpet-bagger' is a man with a lank head of 
dry hair, a lank stomach, and long legs, club knees, and splay 
feet, dried legs and lank jaws, with eyes like a fish and mouth 
like a shark. Add to this a habit of sneaking and dodging 
about in unknown places, habiting with negroes in dark dens 
and back streets, a look like a hound and the smell of a polecat. 
"Words are wanting to do full justice to the genus, 'scala- 
wag.' He is a cur with a contracted head, downward look, 
slinking and uneasy gait; sleeps in the woods like old Cross- 
land, at the bare idea of a Ku-Klux raid. 'Our 'scalawag' is the 
local leper of the community. Unlike the 'carpet-bagger,' he 
is native, which is so much the worse. Once he was respected 
in his circles ; his head was level ; he would look his neighbor 
in the face. Now, possessed of the itch of office and the salt 
rheum of radicalism, he is a mangy dog, slinking through the 
alleys, hunting the governor's office, defiling with tobacco juice 
the steps of the capitol, stretching his lazy carcass in the sun, 
on the square or on the bench of the mayor's court. He wait- 
eth for the troubling of the political waters, to the end that he 



11'* Early History of Huntsville, Ala. 

may step in and be healed of the itch by the ointment of office. 
For office he 'bums,' as a toper 'bums' for the satisfying dram. 
For office yet in prospective, he hath bartered respectability; 
hath abandoned business and ceased to labor with his hands, 
but employs his feet kicking out boot heels against lamp-post 
and corner curb, while discussing the question of office."'^ 

If either of the types here depicted is even remotely true to 
life there can be little wonder that neither was in good standing 
at the South, nor at the North for that matter, for there were 
many level heads and honest minds and hearts there who did 
not believe in the re-destruction policies of "re-construction." 

KU-KLUX-KLAN AND CAUSE THEREFOR 

We have already learned that the bureau at Huntsville had 
projected "Union or Loyal Leagues," among the negroes for 
political purposes. As these leagues became stronger, after 
the ballot was given the negro, many negroes were elected to 
office through its influence. The higher and more important 
offices were preempted by the "carpet-baggers" and held at 
the hands of the "Black Man's Party." Of the two it was little 
less offensive, and less dangerous to society that a negro should 
be in authority. 

These leagues having become strong in membership and 
powerful in politics, under the protection of the Union troops 
garrisoned here, became very disorderly and obnoxious. The 
conduct of the members was offensive to the last degree. 

Upon emancipation from slavery every negro man acquired 
a dog and a gun. The dog, as evidence of the owning of prop- 
erty, and the gun, of freedom. As slaves, they were usually 
not permitted to have dogs about the quarters. Nor were they 
allowed to have firearms, owing to the danger of violence 
among themselves, and for the further good and sufficient rea- 
son that as slaves they had no use for them. 

It is interesting to surmise whether or not the desire on the 
part of the negro of today to own a dog and a gun, is the 
progeny of this primal instinct. 

The league meetings were held at night. Going to and from 
the meetings the negroes would march through the streets, 
armed, in military formation, and execute drills about the court 
house. The meeting over, they would loiter about the streets, 
acting boisterously ; using abusive and obscene language, dis- 
ss Civil War and Reconstruction iu Alabama, page 612. 



Early History of Himtsville, Ala. 115 

charging firearms and making threats of violence against the 
whites ; taking particular care to make themselves most offen- 
sive to those they especially disliked. In short, the "carpet- 
baggers" contrived every conceivable means of intimidating 
the Southern whites into submission to negro domination and 
social equality. But little did he, in his narrow and poisoned 
brain, comprehend the spirit of the man he sought to subjugate 
and crush. 

More or less encouragement was given these disreputable 
bodies and their policies, by the waning opposition of a certain 
element of the whites ; who were beginning to organize them- 
selves into "loyal" bands, proclaiming the North ; renouncing 
and denouncing the Confederacy and all it had stood and fought 
for. 

Nicholas Davis presided at one of these "unconditional union 
mass meetings," held at Moulton, in Lawrence county. This 
meeting was very thinly attended and represented no consid- 
erable portion of the sentiment of North Alabama, though 
eleven counties sent delegates. A little later such a meeting 
was held at Huntsville, with no better attendance. 

Prior to the election of 1868, the Ku-Klux, were not active, 
locally. Though from time to time individual corrections were 
administered by small bands of Ku-Klux. 

With the result of the election of 1868, came a realization of 
the enormity of the danger to the white man and his social 
institutions, and the extent of his dilemma. After this election 
Huntsville and surrounding country had well organized Klans 
of Ku-Klux. 

The Ghouls, or privates of the Klans in Madison county, 
when in active service, in addition to the regulation disguise 
and mask, wore red flannel trousers with white stripes down 
the sides, and around the waist a brace of revolvers. 

Prior to the election of 1868, few deeds of violence were 
committed by the Klan ; for, up to that time, the superstitious 
blacks and the timid and credulous "carpet-baggers" were 
easily subdued and held in check by mere threats of violence 
or warnings from the Klan. But, later when the detestable 
and more knowing "scalawag" began to get in his work, the 
warnings from the Klan were less effective. The "carpet- 
bagger" was encouraged to stand his ground, and the negro 
was relieved of his superstition, in a large measure, by the 
slowly percolating realization that the Klan was not composed 
of spirits, "hants," but flesh and blood. 



il6 Barly History of Huntsville, Ala. 

The negroes at first believed that the Ku-Klux were the 
outraged "spirits" of their departed masters, returning to 
"hant" them for their erring ways. They believed that "Hell 
froze over" to allow these spirits to pass on their way back 
to earth. This superstitious belief was the chief asset of the 
Ku-Klux as is shown by the following posted warning from 
the Klan: 

Ku-Klux. 

Hell-a-Bulloo Hole— Den of Skulls. 

Bloody Bones, Headquarters of the Great Ku-Klux Klan, 
No. 1000. 

Windy Month — New Moon. 

Cloudy Night— Thirteenth Hour. 

General Orders No. 2. 

The great chief Simulacre summons you ! 

Be ready ! Crawl slowly ! Strike hard ! 

Fire around the pot! 

Sweltered venom, sleeping got 

Boil thou first i' the charmed pot ! 

Like a hell broth boil and bubble! 

The Great High Priest Cyclop ! C. J. F. Y. 

Grim Death calls for one, two, three ! 

Varnish, Tar, Turpentine ! 

The fifth Ghost sounds his Trumpet ! 

The mighty Genii wants two black wethers ! 

Make them, make them, make them ! Presto ! 

The Great Giantess must have a white barrow. 

Make him, make him, make him ! Presto ! 

Meet at once — the den of Snakes — the Giant's ! 

Jungles — the hole of Hell ! The second hobgoblin ! 

Will be there, a mighty Ghost of valor. His eyes of fire, his 
voice of thunder ! Clean the streets — 

Clean the serpents' dens. 

Red hot pinchers! Bastinado!! Cut Clean!!! 

No more to be born. Fire and Brimstone. 

Leave us, leave us, leave us ! one, two, and three tonight ! 
Others soon. 

Hell freezes ! On with skates — glide on. Twenty from 
Atlanta. Call the roll. 

Bene dicte ! The Great Ogre orders it ! 

By order of the Great Blufustin. 
G. S. K. K. K." 

84 Civil War and Reconstruction in Alabama, page 680. 



Early History of Huntsville, Ala. 117 

The childlike credulity of the black man was not only taken 
advantage of by the Southern whites, but by the Northern 
whites, as well. His ostensible new friend capitalized his 
friendship to the detriment and financial loss of the negro. The 
fraudulent schemes devised by sharpers from the North to 
separate the negro from his money, were novel, numerous 
and varied. The most pretentious and lucrative of all these 
frauds was the sale of four painted sticks. The negro was told 
by the faker from the North — (in whom, hailing from these 
parts, till the Freedman's Bank failed in 1874, he had the ut- 
most faith and trust and believed implicitly), that the land 
upon which these sticks were set up, wheresoever it might be, 
became his, ipso facto. A document purporting to be a deed 
accompanied each set of sticks, which read in part as follows : 

"Know all men by these presents : That a naught is a 
naught ; and a figure is a figure ; all for the white man and 
none for the nigure. And, whereas, Moses lifted up the ser- 
pent in the wilderness, so also have I lifted this d d old 

nigger out of four dollars and six bits. Amen. Selah."^"^ 

After the spring of 1868, the newspapers frequently car- 
ried Klan warnings and threats. Printed warnings were posted 
in prominent places. These public documents dealt with con- 
ditions and obnoxious persons, generally. Individuals, who by 
their conduct and associations had become undesirable and 
were deemed a menace to the peace and welfare of the com- 
munity, received notices and warnings in person, and some 
times by posting on their premises in conspicuous places. 
These offenders were given a limited and fixed time to depart. 
Failing to take heed, they were captured and severely thrashed 
and ordered, and in some instances, made to leave. Be it said, 
however, it was not often necessary to administer a thrashing; 
for as a general thing the first notice received by an individual, 
signed "Ku-Klux-Klan" was obeyed without undue loss of 
time and without argument. These warnings were frequently 
ludicrously misspelled and always written in a disguised hand. 

The Klan at Huntsville, deeming I. D. Sibley an undesirable 
citizen, sent the following warning, written mostly in "plain 
English," to him, which explains itself : 

"Mr. Sibley, you had better leave here. You are a thief and 
you know it. If you do not leave in ten days we will cut your 
throat. We ain't after the negroes; but we intend for you 

86 Civil War and Reconstruction in Alabama, page 447. 



118 Early History of Huntsville, Ala. 

damn carpet-bagger men to go back to your homes. You are 
stealing everything you can find. We mean what we say. 
Mind your eye." 

James Howsy. 

William Whereatnehr. 
(Here was rudely drawn a coffin.) 

John Mixemuhh. 

Soliman Wilson. 

P. J. Solon. 
Get away ! 

We ain't no Cu-Cluxes, but if you don't go we will make 
you."3« 

This notice to a "carpet-bagger" illustrates the view-point 
of the South with clearness ; namely, the negro himself was 
not primarily to blame for his misbehavior, but the "carpet- 
bagger" and "scalawag" were. It was the latter that the South 
held responsible for the continued disordered state of affairs ; 
and to the adjustment of these conditions, set about ridding 
society of these pests. Under the administration of State and 
local affairs by the "carpet-baggers," they and the negroes 
became more and more aggressive. A good portion of the 
best land in the county was in possession of negroes, who 
asserted false claims to it. The activities of the Ku-Klux be- 
came more strenuous and purposeful as the oppression of the 
"carpet-bag" regime grew. During this time, additional troops 
were sent to Huntsville to suppress the Ku-Klux, but to no 
avail. Later, martial law was declared over Madison county. 
Even this did not seriously impede the work of the Klan as a 
social regulator. It had inaugurated an "Invisible Empire," 
which had grown in strength until its decrees were far more 
potent and its power more dreaded than that of the visible 
commonwealth which it either dominated or terrorized. It is 
said, too, no doubt with truth, that many of the federal soldiers, 
stationed here, looked leniently upon the activities of the Klan, 
so evidently inaugurated in sheer self-defense and decency, by 
an oppressed and downtrodden people. 

During the reconstruction period there were elected, from 
iHuntsville, three State senators, "carpet-baggers," Spencer, 
Hinds and Sibley. The self-interest which governed the activi- 
ties of these unworthy solons, and the manner in which they 

38 Civil War and Reconstruction in Alabama, page 678. This 
warning Is not in the ordinary Ku-Klux form, though the meaning 
is clear. 



Early History of Huntsville, Ala. 1^® 

were willing- to wreck the county to further their political 
ends, is revealed very clearly and unmistakably by their opposi- 
tion as senators to any les^islation which might emasculate the 
Ku-Klux-Klan of power. Though the Ku-Klux had them 
marked, and they dreaded the power of the Klan, they desired 
the existence rather than the extinction of the Klan. For the 
reasons, as stated by them, in moments of rare candor, that the 
continued strife between the whites and blacks enabled them 
to make effective speeches against the former and thereby ob- 
tain the negro vote. 

The most famous parade and "riot" of the Ku-Klux-Klan 
occurred at Huntsville just before the presidential election of 
1868. A body of Ku-Klux 1,500 strong rode into the city and 
paraded the streets. Both men and horses were disguised 
with masks and sheets. All of their evolutions were executed 
with the greatest precision, skill and silence. The negroes were 
in a frenzy of fear. One of them fired a shot ; immediately a 
riot was on. The negroes fired at themselves and the unmasked 
whites indiscriminately. The unmasked whites returned the 
fire. The Ku-Klux fired not a shot, but formed a line and 
looked on silently. Several negroes were wounded. Judge 
Thurlow, a "scalawag" of Limestone county, was accidently 
shot and killed by a stray bullet from a negro's pistol. The 
whites who participated received only slight wounds. The 
military authorities arrested some of the Ghouls, who were 
released later. This was known throughout the North as one 
of the greatest "outrages" committed by the Ku-Klux. 

This is only one of many similar "negro riots" enacted in the 
South, and accredited to the Ku-Klux-Klan, as "outrages." 

By the year 1870, the mission of the Klan had been accom- 
plished in a large measure. So nearly re-adjusted and normal 
had conditions become, that the need of its protection practi- 
cally had ceased. 

In 1871 Congress appointed a sub-committed, composed of 
a joint committee from both houses, to investigate the Ku- 
Klux-Klan and its activities in Alabama. A meeting of the 
committee was held at Huntsville, October 6th to 16th, 1871. 
Senators Pratt and Price, and Representatives Beck, Buckley 
and Blair, formed the committee. For practical and political 
purposes the committee was composed of three Republicans 
and one Democrat, as Blair and Beck were seldom ever pres- 
ent at the same time. Many of Huntsville's most prominent 
citizens were called before this inquisitorial body for examina- 



120 Early History of Huntsville, Ala. 

tion. Among those summoned were Ex-Governor Reuben 
Chapman, P. M. Dox, and William Richardson. After the 
committee had completed its labors and reported to Congress, 
the following "official" table of crimes alleged to have been 
committeed by the Ku-Klux Klan, was published : 

"Killed 6 

Outrages - 19 

Shootings 5 

Whippings 19 

Total "49" 

According to this report, Madison's Ku-Klux committed 
ten more crimes than those of any other county. However, 
a further comparison reveals that the excess lies in the whip- 
pings and not in the killings. 

So far as is known no one in Madison county was ever pun- 
ished for participation in the activities of the Ku-Klux-Klan. 

This brings us to a close of our consideration of the Ku- 
Klu-Klan, locally, without having explained its enlarged ob- 
jects and purposes, and the spirit of the moving cause for its 
being. 

Judge Albion W. Tourgee, a "carpet-bagger," in his book, 
"A Fool's Errand," renders us his views on the Ku-Klux- 
Klan, which are intensely interesting and enlightening. Speak- 
ing to the subject, he says: 

"Yet it was a magnificent sentiment that underlay it all, an 
unfaltering determination, an invincible defiance to all that 
had the seeming of compulsion or tyranny. One can but re- 
gard with pride and sympathy the indomitable men who, being 
conquered in war, yet resisted every effort of the conquerer 
to change their laws, their customs, or even the personnel of 
their ruHng class, and this, too, not only with unyielding stub- 
bornness, but with success. One can but admire the arrogant 
boldness with which they charged the nation which had over- 
powered them, even in the teeth of her legislators, with per- 
fidy, malice, and a spirit of unworthy and contemptible revenge. 
How they laughed to scorn the Reconstruction Acts of which 
the wise men boasted ! How boldly they declared the conflict 
to be irrepressible and that white and black could not and 
should not live together as co-ordinate ruling elements ! 

87 Civil War and Reconstruction in Alabama, page 705. 



Early History of Huntsville, Ala. 131 

"And then the organization itself, so complete and yet so 
portable and elastic ! So perfect in disguise that, of the thou- 
sands of victims, scarce a score could identify one of their 
persecutors ! In it we may recognize the elements that go to 
make up a grand and kingly people. They felt themselves 
insulted and oppressed. No matter whether they were or not, 
be the fact one way or another, it does not affect their con- 
duct. If the Reconstruction which the wise men ordained was 
unjust; if the North was the aggressor and wrongful assailant 
of the South in war ; if to degrade and humiliate her enemy 
the terms of the surrender were falsified and new and irritating 
conditions imposed ; if the outcasts of Northern life were sent 
or went thither to encourage or induce the former slave to act 
against his former master — if all this were true, it would be no 
more an excuse or justification for the course pursued than 
would the honest belief that these facts were true by the masses 
who formed the rank and file of this grotesquely uniformed 
body of partisan cavalry. In any case, it must be counted as 
the desperate eflfort of a proud, brave, and determined people 
to secure and hold what they deemed to be their rights." 

Judge Tourgee had that breadth of view which permits him 
to appreciate and respect the objects of the Ku-Klux Klan, 
though failing to comprehend the necessities for its existence. 
Even he might have come to know of these and have applauded 
its work, had he retained his residence at the South sufficiently 
long. 

The war over, the Confederate soldier returned home to 
find his labor system, the primary leverage of rehabilitation, not 
demoralized but utterly destroyed. Impoverished to the last 
degree, broken in health, with head bowed in unutterable dejec- 
tion, he looked out upon the vast sea of his desolation. For a 
moment he stood dazed ; reeled, recovered himself, girded up 
his loins, put on the armor of peace, and double-quicked into 
action, with that indomitable determination that had made of 
him such a formidable foe. 

A splendid new empire was builded with marvelous rapidity 
out of the hot ashes of the old, as a harmonious part of the 
common whole our reunited and beloved nation. Happy and 
at peace with itself and the world, this new South has become 
strong and trusted in the councils of the nation. The halls of 
Congress again resound with the fervid eloquence and forceful 
logic of her statesmen. Along the Potomac and the Tennessee 



122 



Barly History of Huntsville, Ala. 



peace and quiet, happiness and hope reign now, and shall reign 
forever. 

Nothing contained in this volume must be taken as indicating 
the author's approval of slavery. Far from it. He has spoken 
of things as he found them, where he found them and when 
he found them. The South was not the original importer of 
the slave, but became a slave section naturally and logically. 
It was not to be expected that a factor which had become so 
deeply embedded in its economic life could be eliminated in the 
twinkling of an eye. 

Before the war began, the index finger of fate — the "signs 
of the times" — pointed inexorably toward a final and just solu- 
tion of this diflficult problem. However, if the slave gave 
much, he received in return liberally of the best. No savage 
race the world has ever known, had conferred upon it so 
speedily, the blessings of civilization and Christianity, as that 
portion of this African people which thus came into immediate 
and continuous contact with the splendid civilization of the 
Old South. 

"The North thinks Reconstruction was the salvation of the 
South and is the cause of its present progressiveness, but, in 
destroying all that was old. Reconstruction probably removed 
some abuses ; from the new order of things some permanent 
good must have resulted. But the credit for neither can right- 
fully be claimed until it can be shown that those results were 
impossible under the regime destroyed." 

References: — Fleming's Civil War and Reconstruction in 
Alabama; kindness of many older citizens ; files of the Confed- 
erate Veteran." 



End. 



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